of their being fmilars ; and this quality they retain after the difufe of
them as money, whence it is that a loan in them is valid after they
have loft their currency.— According to the twodifciples, on the contrary,
the borrower mull in this cafe pay to the lender the value of
the Faloos’, for their quality of reprefentation of price being annulled
by the difufe, it is therefore impraticable for the borrower to reftore
them with the qualities they poffeffed when he received them ; and
hence, as the payment of fmilars would be an injury, it is required
that he pay the value; in the famé manner as holds where a perfon
borrows any articles of which the unities are fimilar, and the whole
genus of which afterwards becomes extindt.— According to Aboo
Toofaf, their value muft be fixed from the day of feizin ; and according
to Mohammed, from the lafb day of their currency, in conformity
with what has been already explained. This difference of opinion
originates in a difference of dodtrine refpedting a cafe where a perfon
ufurps an article of the clafs of fimilars, and of which the fimilars afterwards
become extindt*, when, according to Æoo Toofaf, the
ufurper is refponfible for the value the article bore on the day of ufurp-
ation ; and, according to Mohammed, for the value it bore on the lafl
day of its exiftence.— It is to be obferved that the opinion of Mohammed
is founded upon tendernefs to mankind, and that of Æoo Toofaf
on conveniency.
I t is lawful for a perfon to purchafe any thing in exchange for a
half dirm of Faloos j- ; and in this cafe he is required to pay the number
of Faloos adequate to the price of half a dirm.— In the fame manner,
it is lawful to purchafe any thing for the Faloos of a ddnik J of
* Such a6 fr u itj, or other articles which are to be had only at particular feafons o f the
year.
+ T h a t is, F o r Faloos to the value o f half ad/nw.-—(T h e diftin&ion, in this iqftance,
turns entirely upon the nature o f the phrafe in the o rig inal idioiTL)
% A fmall copper coin, the fixth part o f a dirm.
filver,
S I R F S A L E S .
filver, or a Kerdt* of filver.— In all thefe cafes, Ziffer is of opinion
that the bargain is unlawful, becaufe Faloos being an article of tale,
eftimated by number and not by their relation to dirms or daniks, a
fpecification of the number ought therefore to have been made.—
The reafoning of our dodtors is, that the exadt number of Faloos adequate
to the price of a half dirm, or a ddnik, is known, (for the cafe in
queftion proceeds on the fuppofition of fuch a knowledge,) and that
a fpecification of the number is therefore unneceflary.— I f the pur-
chafer were to fay, “ I have bought this thing for the Faloos of one
“ dirm, or two dirms,” the bargain in that cafe alfo is valid, according
to Aboo Toofaf; for this expreffion means' the number of Faloos to
which the pride of one or two dirms is adequate, and not the weight.
— It is related as an opinion of Mohammed, that a fale for the Faloos of
one dirm is not lawful; but that a fale for the Faloos of any thing under
a dirm is lawful, as it is cuftomary to purchafe things for Faloos,
where the Value is not adequate to a dirm, but not otherwife. Lawyers
have obferved, that the opinion of Aboo Toofaf is the molt approved,
efpecially in countries where the practice of felling and pur-
chafing for Faloos is common, and where, of courfe, the rate they
bear, with refpedt to dirms, is known and afcertained.
If a perfon, having delivered a dirm to a Sirrdf, or money changer,
lhould fay to him, “ Give me Faloos in exchange for one half of this,
“ and a half dirm wanting one grain of filver in exchange for the
“ other half,” in this cafe the fale, according to the two difciples, is
valid with refpedt to thé one half in exchange for Faloos, and invalid
with refpedt to the other; becaufe the fale of a half dirm in exchange
for Faloos is lawful (as has been already explained;) but the exchange
of a half dirm in exchange for a half dirm wanting one grain of filver,
is ufurious, and confequently unlawful. Agreeably to the tenets of
* A Carat, the twenty-fourth part o f an ounce.
i i
I!
i it®
iIInL 1 i1
Haneefa,