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 are many different kinds of sale. Twenty or more have been enumerated in the Nihāyah, of which eight are mentioned and explained. Four of these, which have reference to the thing sold, may require some notice in this place. The first, called Muqāyaẓah, is described as a sale of things for things, and corresponds nearly with barter; but the word “thing” (ʿayn) is here opposed to obligations, and muqāyaẓah is therefore properly an exchange of specific for specific things. So that if the goods exchanged were on both sides or on either side indeterminate, the transaction would not, I think, be a muqāyaẓah, though still barter. The second sale is called ṣarf, and is defined to be an exchange of obligations for obligations. The usual objects of this contract are dirhams and dīnārs, which being obligations, the definition is generally correct. But an exchange of money for bullion, or bullion for bullion, is also a ṣarf, and every sale of an obligation for an obligation is not a ṣarf, so that the definition is redundant as well as defective. It is essential to the legality of this kind of sale, that both the things exchanged should be delivered and taken possession of before the separation of the parties, and that when they are of the same kind, as silver for silver, or gold for gold, they should also be exactly equal by weight. These rules are necessary for the avoidance of reba, or “usury,” as already explained; and the whole of ṣarf, which is treated of at a length quite disproportionate to its importance, may be considered as a continued illustration of the doctrine of reba. The third kind of sale is salam. It has been already observed that there can be no lawful stipulation for a postponement of the delivery of the thing sold, except under one particular form of sale. The form alluded to is salam. This word means, literally, “an advance”; and in a salam sale the price is immediately advanced for the goods to be delivered at a future fixed time. It is only things of the class of similars that can be sold in this way, and as they must necessarily be indeterminate, the proper subject of sale is an obligation; while, on the other hand, as the price must be actually paid or delivered at the time of the contract, before the separation of the parties, and must, therefore, even in the case of its being money, be produced, and in consequence be particularised or specific, a salam sale is strictly and properly the sale of an obligation for a thing, as defined above. Until actual payment or delivery of the price, however, it retains its character of an obligation, and for this reason the price and the goods are both termed “debts,” and are adduced in the same chapter as examples of the principle that the sale of a debt, that is, of the money or goods which a person is under engagement to pay or deliver, before possession, is invalid. The last of the sales referred to is the ordinary exchange of goods for money, which being an obligation, the transaction is defined to be the sale of things for obligations.