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Friday, 10 February 2017

Al-Majallah al-Ahkam al-‘Adaliyyah #9 - Book 1 (Sale) - Chapter 2 (Subject Matter of Sale) - Section 1 (Conditions affecting the subject matter of the sale and description)

Book 1, Chapter 2, Section 1

        

CHAPTER II. THE SUBJECT MATTER OF THE SALE.

SECTION I. Conditions affecting the subject matter of the sale and description.

  • 197. The thing sold must be in existence.
  • 198. The thing sold must be capable of delivery.
  • 199. The thing sold must be property of some specific value.
  • 200. The thing sold must be known to the purchaser.
  • 201. The fact that the thing sold is known is ascertained by referring to its state and description which distinguish it from other things.Example:- A specific quantity of red corn, or a piece of land bounded by specific boundaries. If these are sold, the nature thereof is known and the sale is valid.
  • 202. If the thing sold is present at the meeting place of the parties to the sale, it is sufficient if such thing is pointed out by signs.Example:- The vendor states that he has sold a particular animal. The purchaser sees that animal and accepts it. The sale is valid.
  • 203. Since it is enough for the nature of the thing sold to be known to the purchaser, there is no need for any other sort of description or particularisation.
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