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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When similars are sold indeterminately, the purchaser has no right to any specific portion of them until it be separated from a general mass, and marked or identified as the subject of the contract. From the moment of offer till actual delivery, he has nothing to rely upon but the seller’s obligation, which may, therefore, be considered the direct subject of the contract. Similars taken indeterminately are accordingly termed dayn, or “obligations,” in the Muḥammadan law. When taken specifically, they are classed with dissimilars, under the general name of ʿayn. The literal meaning of this term is “substance or thing”; but when opposed to dayn it means something determinate or specific. The subject of traffic may thus be divided into two classes, specific and indeterminate; or, if we substitute for the latter the word “obligation,” and omit the word “specific” as unnecessary when not opposed to “indeterminate,” these classes may, according to the view of Muḥammadan lawyers, be described as things and obligations.