On the Sale of Sabrah مقاله

خلاصه ماشینی:

Seventh—In cases where a common sa' (musha') of an unknown quantity Sabrah is transacted, although some have held it to be valid, since there is ignorance in both the thaman (price) and the muthman (subject matter), according to the opinion of prominent scholars, the transaction is void. Highth—Whenever a one-third or one-fourth common part of an unknown quantity object is purchased, there is a problem in its delivery (qabd) and taking possession (iqbad): For example, they set one-third of a land as the mabi'; of course, the customer wants it to be adjacent to the street, while the seller wants to give the back part, or if they make one-fourth of the orchard fruits the subject of transaction, the customer wants the expensive fruits and the seller the opposite; although some have held the transaction to be valid and say the choice of determination lies with the seller because the completeness of the transaction is through delivery and taking possession, according to the famous opinion, fundamentally the transaction is void. Ninth—Whenever a one-third or one-fourth of an unknown quantity Sabrah, which is known by observation, is purchased, and before delivery (al-qabd), a portion of the Sabrah is destroyed by a heavenly calamity, such as a portion being destroyed by fire, some have relied on the general principle "لو تلف المبیع قبل القبض فهو من مال بایعه" (If the mabi' is destroyed before delivery, it is from the seller's property) and say that what was destroyed is from the seller's property and the customer must take his share; however, the most famous view among jurists is to hold the transaction void, and they do not consider the observation of an unknown Sabrah to be sufficient.