Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

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BAIʿ (بيع‎, pl. بيوع‎ buyūʿ). A sale; commercial dealing; barter. Baiʿ, or “sale,” in the language of the law, signifies an exchange of property for property with the mutual consent of parties. For the rules concerning sales and barter, see Hamilton’s Hidāyah, vol. ii. 360; Baillie’s Muḥammadan Law of Sale; The Fatāwā ʿĀlamgīrī.

Sale, in its ordinary acceptation, is a transfer of property in consideration of a price in money. The word has a more comprehensive meaning in the Muḥammadan law, and is applied to every exchange of property for property with mutual consent. It, therefore, includes barter as well as sale, and also loan, when the articles lent are intended to be consumed, and replaced to the lender by a similar quantity of the same kind. This transaction, which is truly an exchange of property for property, is termed qarz̤ in the Muḥammadan law.

Between barter and sale there is no essential distinction in most systems of law, and the joint subject may in general be considerably simplified by being treated of solely as a sale. A course has been adopted in the Muḥammadan law, which obliges the reader to fix his attention on both sides of the contract. This may at first appear to him to be an unnecessary complication of the subject, but when he becomes acquainted with the definition of price, and the rules for the prohibition of excess in the exchange of a large class of commodities, which apply to every form of the contract, he will probably be of opinion that to treat of the subject in any other way would be attended with at least equal difficulties.