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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There is some degree of presumption in using a word in any other than its ordinary acceptation; and it is not without hesitation that (Mr. Baillie says) I have ventured to employ the word “obligation” to signify indeterminate things. My reasons for doing so are these: first it expresses the exact meaning of the Arabic word dayn, and yet distinguishes this use of it from another sense, in which it is also employed in the Muḥammadan law; second, it preserves consistency in the law. Thus, it will be found hereafter that the effect of sale is said to be to induce a right in the buyer to the thing sold, and in the seller to the price, and that this effect follows the contract immediately before reciprocal possession by the contracting parties. Now, it is obvious that this is impossible with regard to things that are indeterminate, if the things themselves are considered the subject of the contract, and cases are mentioned where it is expressly stated that there is no transfer of property to the purchaser, when similars of weight or capacity are sold without being distinctly specified, until actual possession takes place. The difficulty disappears if we consider not the thing itself but the obligation to render it to be the subject of contract; for a right to the obligation passes immediately to the purchaser, and the seller may be compelled to perform it. If we now revert to the division of things into similars and dissimilars, money—which, it has been remarked, is always indeterminate—is therefore an obligation; dissimilars, which are always specific, are never obligations; and other similars, except money, being sometimes specific and sometimes indeterminate, are at one time obligations, and at another time things or substances.