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

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 434

it is usury and is unlawful. And if he sells ripe fruit against unripe fruit,even then he cannot take any quantity in excess.
2087. From the point of view of usury wheat and barley are treated to be of the same kind. Hence, for example, if a person gives 3 kilos of wheat and takes in lieuthereof 3 1/2 kilos of barley, it is usury and is unlawful. And if, for example, a person purchases 30 kilos of barley on the condition that he would give in lieu thereof 30kilos of wheat when wheat is harvested, it is unlawful because he has taken barley on the spot and will give wheat some time later, and this amounts to taking some- thing inexcess.
2088. A transaction involving interest is unlawful. Whether it is contracted with a Muslim or with an unbeliever. However, it is permissible, and there is no harm,if a Muslim takes interest from an unbeliever who is not under the protection of Islam or from an unbeliever who is under the protection of Islam and taking interest ispermissible in his religion. And on the basis of obligatory precaution father and son and wife and husband cannot also take interest from each other.

CONDITIONS OF A SELLER AND A BUYER
2089. There are six conditions for the sellers and buyers;
(i) They should be adult.
(ii) They should be sane.
(iii) They should not be prodigal (Safih) i.e. they should not spend their property on absurd things.
(iv) They should have an intention to sell and purchase a commodity. Hence. if a person says in jest that he has sold his property, the transaction is void.
(v) They have not been forced to sell and buy.
(vi) They should be the owners of the commodity which is proposed to be sold and purchased. Orders relating to these will be narrated in the following Articles.

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 434

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