نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 442
the buyer should give full price to the seller or if the seller is
indebted to the buyer for an equivalent amount the buyer adjusts it
against the price of the commodity and the seller agrees to it. And if
the buyer gives some quantity of the price of that commodity to the
seller the transaction will no doubt be validin respect of that quantity
but the seller can rescind the transaction.
(iii) The time-limit should be specified exactly. in case, therefore,
the seller says that he would deliver the commodity when the crop is
harvested the transaction is void, because in this case the period has
not been specified exactly.
(iv) Such a time should be fixed for the delivery of the commodity that
at that time it may not be so scarce that it may not be possible for the
seller to deliver it.
(v) The place of delivery should be specified. However, if that place
becomes known from their conversation it is not necessary that its
name.should be mentioned.
(vi) The weight or measure of the commodity should be specified. And
there is no harm in selling, through forward contract, a commodity which
is usually bought and sold by seeing. However, it is necessary that,
for example. the difference between some kinds of walnut and eggs should
be so small that the people may not attach any importance to it.
(vii) If the commodity being sold by a person by way of time- bargain
falls under the category of commodities which are sold by weight or
scale it cannot be exchanged for the commodity of the same kind e.g.
time-bargain of wheat against wheat is not permissible.
ORDERS REGARDING FORWARD CONTRACT 2121. If a person purchases something by way of
forward contract, he is not entitled, till the expiry of the fixed
period, to sell it to anyone except the seller.but there is no harm in
نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 442