•their quality, in order to enable the workman to furnifh them accordingly;
and unlefs fuch defcription be given, the contrail is unlawful.—
It is to be obferved that the prohibition o f a ftipulation of
a period for delivery, as recited in the firft of thefe cafes relative to
contrails of this kind, proceeds upon this ground, that if a period
were ftipulated in a contrail for the fupply of work of articles authorized
by cuftom, and the price paid immediately to the workman, it
would then become a Sillim fale in the opinion of Aboo Toofaf: in oppofition
to that, however, of the two difciples, who hold that it
would' Hill remain merely a contrail for the fupply of work :— but
if the period fhould be ftipulated in the cafe of articles not authorized
by cuftom, it then becomes a Sillim *lale in the opinions of
all our doilors.— The reafoning of the two difciples in fupport of
their opinion in the firft cafe is that the word IJIJind. literally means
a requijition of workmanjhip, and ought of confequence to be ufed
in that fenfe, fo long as the context does not, determinate it to
fome other fenfe.
O b j e c t io n .— The ftipulation of a period is a context which
clearly indicates that IJIJind. is to be taken in a-fenfe, different from
its literal meaning; and that it is to be underftood as implying a Sillim
agreement; otherwife what need for the ftipulation of a period?— It
would therefore appear that in fuch a cafe it amounts to a Sillim.
R e p l y .— T h e ftipulation of a period, as in the firft cafe, is not a
convincing argument that the word IJIJind is not to be taken in its literal
fenfe, but ought to be underftood as implying- an agreement of
Sillim-, becaufe the ftipulation of a period may be fuppofed to have
been made with a view to expedition,— and it may be fuppofed that
the object of the befpeaker, in fixing a period, was to prevent delays,:
in oppofition to the cafe of things not authorized by cuftom, for there
a contrail for a fupply of workmanfhip, as being invalid, is conftrued
to mean a Sillim fale, which is lawful.
------The reafoning of Haneefa is that, when a period is ftipulated,
it fixes the fubjedt of the fale to be a debt, becaufe periods are not
fiy^d
fixed except with regard to debts;— and the 1 object being proved to
be a debt, the conftruilion of the contrail into a Sillim fale is eafy and
natural. It-is therefore conftrued to be a Sillim fale, which is lawful,
in the opinion of all our doilors, beyond a doubt; whereas, there is
a doubt with refpeil to the other, fince practice means the deeds of
all people of all countries, and this can never be known with certainty
: as, therefore, the legality of a Sillim fale is certain, and practice
is not free from doubt, it follows that it is prefefable to conftrue
a contrail for a fupply of work to mean a contrail of Sillim.
S E C T I O N .
M i s c e l l a n e o u s C a s e s .
It is lawful to fell a dog or a hawk, whether trained or other-
wife. It’is related, as an opinion of Aboo Toofaf, that the fale of a dog
that bites is not lawful;-—and Shafe'i has faid that the fale of a dog is
abfolutely illegal ; becaufe the prophet has: declared “ the wages o f
“ whoredom, and the price o f a dog, are in the number o f prohibited
“ things-,” and alfo, becaufe a dog is aitual filth, and is therefore
deferving of abhorrence ; whereas the legality of fale entitles the fub-
jeft of it to refpeit ; and is confequently incompatible with the nature
of a dog. T h e arguments of our doilors upon this point are twofold.
F i r s t , the prophet has prohibited the fale of dogs, excepting fuch as
are trained to hunt or to watch.— S e c o n d l y , dogs are a fpecieS of
property, inafmuch as they are capable of yielding profit by means of
hunting and watching; and being property, they are therefore fit fub-
jeits.of fale ; in oppofition to the cafe of noxious animals, fuch as fnakes
or fcorpions, which are not capable of yielding ufe. With refpeit to
. - the
It is lawful to
fell dogs or
bauuks.