مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 433

he gives ten eggs and takes eleven eggs in lieu thereof - there is no harm in it. But if he sells ten eggs for eleven eggs on credit it is necessarythat there should be difference between the eggs - for example he sells ten eggs of big size on credit for eleven eggs of medium size - because if there is no differencebetween the eggs it will not be treated to be purchase and sale, but it will in fact be a loan, though it may be given the name of purchase and sale, and it is for thisreason that such a transaction is unlawful and void. Concluding a contract for a larger amount after giving bank-notes in cash for a certain period also falls under thiscategory. for example, a person gives $100 to another person so as to take back $110 after six months. However, there is no harm in concluding such a transaction if there isa difference between these bank-notes, for example if $100 are sold for a currency of another kind like Rials, Rupees or Pounds. Rather there is no harm in such a case evenif there is a difference in their prices.
2084. If a commodity is sold in most of the cities by weight or measurement, and in some cities by counting, the obligatory precaution is that if that commodity issold against the same commodity it should not be sold at a higher rate than that. However, if the cities are different, and it cannot be said that in most of the cities thatcommodity is sold by weight or measurement or by counting, every city will be governed by the custom prevailing in it.
2085. If the commodity being sold and that being taken in lieu thereof are not of the same sort, there is no harm in taking the quantity of one in excess of theother. Hence, if 3 kilos of rice is sold against 6 kilos of wheat, the transaction is valid.
2086. If the thing which a person is selling and the thing which he is taking for it, are made of one and the same thing, he should not take it in excess. Forexample, if he sells 3 kilos of cows ghee and takes 5 kilos of cows cheese in lieu thereof,

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 433

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