582
with, and referring to, the original bargain or fale; and the Shafee is
entitled to the. benefit of it, beeaufe that fum which remains after deducing
the abatement is the price ; whereas an entire remijion has no
connexion with the original bargain. In the fame manner alfo, if the
feller abate a part of the price, after the Shafee has become feized of
his Shajfa property, he [the Shafee] is entitled to the benefit of fuch
abatement, .and accordingly receives back the amount abated by the
feller to the purchafer..
If , on the contrary, the purchafer, after the bargain is concluded,
agréé to an augmentation of th è 'price in favour'of the féller, the
Shafee is not liable for fuch augmentation ; béçaufe his privilege of
Shajfa is eftablifhed for the price originally fe ttled gn d if any fubfe-
quent augmentation were admitted to operate with refpeC to him, it
would be a lofs to him ; whereas, on the contrary, any fubfequent
abatement is a benefit. Analogous to this cafe of ’augmentation is that
formerly Hated, in which it was remarked, that if a man make a
purchafe for a certain price, and afterwards renew the purchafe o f
the fame thing, and fettle a large price, the Shafee is not prejudiced
by fuch augmentation, but is entitled to his Shajfa for the price firft
agreed upon.
I f the price I f a man fell a houfe for a certain quantity of goods or effedts, the
yïïf.riitsba- Shafee is entitled to take it for. the value of fuch effedls ; for effeSls are.
f e e may take the things denominated Zooàt-al-Keem, or things which,
it on paying 0 0 ' ’ . . 0
the value of being eftimable, are compenfable by an equivalent in money.— If, on
bm^nfcfnl the other hand, a man fell a houfe for a .compenfation in wheat,
MaCfmilan, gNHg or a n y other article eftimable by meafure or weight, the Shafee
he is to pay J ^ '
an equal may take it for an equal quantity of the fame article; beeaufe thefe
?he"ame-°f are ° f clafs of Zooàt-al-Imfàk, or things compenfable by an equal
quantity of the fame fpecies. The reafon of this is that the revealer
of
He is not liable
for any
augmentation
agreed upon
after the fale.
o f the l a w * has eftablilhed in the Shafee a right to take poflellion o f
the property o f the purchafer, on giving him a compenfation fimilar to
the price which he has paid;— it is therefore neceflary that a fimilarity
betwixt the compenfation and price be obferved as nearly as poflible,
in the fame manner as in cafés of dejrufiion of property.— (It is to be
obferved that articles which differ very little in their unities, fuch as
walnuts or eggs, are included under the denomination of Zoodt-al-
ImJd.1, or things compenfable by an equal quantity of the fame fpecies/
If, therefore, a man purchafe ground for walnuts or eggs, the Shafee
may give him a compenfation in walnuts or eggs, and is not required
to pay an equivalent in money.)
If a man fell a piece of ground for another piece of ground, in this
cafe, as each piece of ground is the price for which the other is fold,
the Shafee o f each piece is entitled to take it for the value of the other
land being of the clafs of Zooclt-al-Keem, or things compenfable by an
equivalent in money.
If a houfe be fold for a price payable at a diftant period, the Shafee
may either wait until that period he expired, and then take the houfe
for the lame price, or he may take it immediately, on paying the
price in ready money: but he is not entitled to take it immediately
and demand a refpite to the period fettled by the purchafer. Zijfer
maintains that the Shcfee is entitled to take the houfè' immediately,
and demand a refpite of the payment; (and fuch alfo is the opinion of
Shafet;) for the refpite is a modification of the price, in the fame
manner as if it were ftipulated to be paid in coin of an inferior fpecies;
and as the Shafee is entitled to take the houfe for the price itfelf, he
is of courfe entitled to take it for the price under its modification.
T h e argument adduced by us, in fupport of the former opinion, is that
a delay or refpite cannot be eftablifhed but by a pofitive ftipulation
* M e a n i n g , th e prtphet, w h o is o f t e n t e rm e d Shari, o r th e lawgiver.
betwixt
and To like-
wife, i f the
price conlift
of land.
In cafe of a
term o f credit,
the Shafee
may either
wait the expiration
ofthe
term, or take
the property
immediately,
upon paying
the price.