پنجشنبه: 1403/01/9

Conditions Regarding Commodity and its Exchange

 

2098. The commodity which is sold, and the thing which is received in exchange of it, should fulfil five conditions.

First: Its quantity should be known by means of weight, measure, counting, or the likes of them.

Second: It should be transferable; therefore, selling a horse, which ran away, is not appropriate. However, if the horse, which ran away, is exchanged with a transferable thing, for example, with a floor mat, even if that horse cannot be found, the transaction is valid.

Third: Those details of the commodity, and the thing accepted in exchange, which influence the minds of the people in deciding about the transaction, must be clearly described.

Fourth: The ownership should be unconditional, in a manner that, once it is out of his ownership, he forsakes all his rights over it. Thus, the property, which is mortgaged to someone, cannot be sold without the consent of that person.

Fifth: The seller should sell the commodity itself and not its profit. Hence, if he sells one year's profit of a house, it will not be in order. However, if a buyer gives profit of his property in place of money in exchange, like, if he buys a carpet from someone and in lieu thereof gives him the profit of his house for one year, there is no harm in it. Moreover, the details of these rules will be explained later.

 

2099. If a commodity is sold in a city by weight or measurement, one should purchase that commodity in that city by its weight or measurement respectively. However, if the same commodity is sold in another city by looking at it (or by making gesture), one can purchase it in that city in that particular way.

 

2100. A commodity, which is normally sold by weighing, can also be sold by measure. For example, if a person wants to sell ten Mann of wheat, he should fill a measure, which takes one Mann of wheat, and give ten such measures to buyer.

2101. If even one of the previously mentioned conditions is absent, except the fourth condition, the transaction will become void. However, if the buyer and the seller agree to have the right of occupancy over their exchanged commodities, there is no objection if they do so. In addition, in the fourth condition, if the one who is receiving the mortgaged property accepts it or the property ceases to be as a mortgage, the transaction is valid.

2102. The transaction of a Waqf (dedicated) property is void. However, if it is so much impaired that it is not possible to use it for the purpose for which the Waqf was made, for example, if the mat of a Masjid is so torn, that it is not possible to offer prayers on it, there is no objection in selling it. If possible, its sale proceeds should be spent in the same Masjid, for a purpose akin to the aim of the person who originally made it Waqf.

 

2103. When serious difference arises between the persons who have made the property Waqf, to the extent that it may be feared that if the Waqf property is not sold, property or a life of some person is endangered, they can sell off the property, and the sale proceeds be spent for a purpose akin to the object of the person who originally made the property Waqf.

 

2104. There is no harm in buying and selling a property, which has been leased out to another person. However, the leaseholder will be entitled to utilize the property during the period of the lease. In addition, if the buyer does not know that the property has been leased out, or if he purchases it under the impression that, the period of lease is short, he can cancel the transaction when he comes to know of the true situation.

 

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Thursday / 28 March / 2024