having-been {Updated; as where, for inftance, the debt due by the
principal is a fufpended debt. According to Shafei, the affirmation of
the claimant is to be credited in either cafe; and the fame is related as
an opinion of Aboo Toofaf.
accident)njn I f a P e r fo n purchafe a female Have, and another warrant her to be
the fale of a the property of the feller*, and ihe afterwards prove to be the' property
of fome other perfon, the purchafer is not entitled to exa£t the
price from the furety, until the Kdzee lhall have firft paffed a decree
againft the feller for the reftitution of the pricebecaufe, according
to the Zahir Rawdyet, the fale does not become null immediately on
the proof of the fubjeet of it being the property of another, but endures
until the Kdzee pafs a decree in favour of the purchafer, direft-
ing the feller to return the price, Since-, therefore» previous to the
iffuing the faid decree, it is not incumbent on the principal (that is,
the feller) to make reftitution of the purchafe money, fo neither is it
incumbent on the furety. It would be otherwife if the {lave were
proved to be free, and the Kdzee pafs a decree to that effeft, for in
fuch cafe the fale becomes null immediately on the iffuing of fuch decree,
fince freedom is incapable of being the fubjeft of fale, and the
buyer would, therefore, be entitled to e«a<ft the purchafe-money
either from the furety or from the feller, without waiting for a decree
Of reftitution from the Kdzee.— It is related as an opinion of Aboo Toofa
f, that fale becomes null immediately on the proof of the fubjeft of
it being the property of another ; and that, confequently, the buyer
has in fuch cafe a right to exadt the price either from the furety or the
feller, without waiting for the decree of the Kdzee to that effeft.
Security fo, If a perfon purchafe a Have, and .another be fecurity for the fulfil-
fuflmcnt 1» ment of the bargain tgj fucb fecurity is null; becaufe the word Ohda,
“ ami another be bail Literally, againft accident t Arab. Zdmin ba Ohda. ■
[fulfilment]
[fulfilment] is of a comprehenfive nature, as having a variety of mean-
in o-s. I. It relates to the former bill of fale, which the feller received
from the perfon who fold the flaye to1 him; and this being the property
of the feller, any fecurity with refpedt to it is invalid. II. It
relates to the contradt and its rights., III. It relates to a warrant or
fecurity againft accidents. And, IV. T o option.— As, therefore, the
term comprizes fo many things, the particular application of it is dubious
; and hence practice cannot take place Upon it.— It is different
with refpeft to the term dirkc for although that fignify whatever
may happen, yet the euftom of mankind has reftrained the application
of it to one particular fenfe, namely, a fecurity againjl any future
claim; and Zimdn-be'l-dirk, or fecurity againft accident, is therefore
valid.
If a perfon fell an article, and another be fecurity to the pur- Security,for a
chafer for the releafe* of that article, fuch fecurity is invalid,- ac- to.
cording to Haneefa, as the intention of it is the releafe of the ar- purchafer,'
° _ . is invalid*
tide, and the delivery of it to the purchafer, which the fecurity
is not competent to perform.— The two difciples hold this to be
valid, as in their opinion it is equivalent to a' fecurity againff accident;—
in other words, it imports an obligation to deliver to the
purchafer either the article fold, the value, or the price;— and fuch
being the cafe, it is-valid of courfe..
Arab. Kbilds: meaning, the furrender o f the article^ by the feller,,to the purchafer,.