مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٣١ - UNLAWFUL TRANSACTIONS
is not to pay the price of the commodity being purchased by him, this
intention of his does notaffect the validity of the transaction. and it
is necessary that he should pay the money to the seller.
٢٠٧٤. If a person has purchased a commodity on
credit and wishes to pay its price later out of unlawful property even
then the transaction is valid. However, heshould pay the amount which he
owes, out of lawful property so that his debt is liquidated.
٢٠٧٥. Purchase and sale of instruments of
pleasure (like guitar, lute and harmonium) is unlawful and on the basis
of precaution the same order applies to the smallinstruments which are
the toys of the children. However. there is no harm in selling and
purchasing common instruments like radio and tape-recorder provided that
it is notintended for unlawful purposes.
٢٠٧٦. If a thing which can be used for lawful
purposes is sold with the intention of putting it to unlawful use - for
example. if grapes are sold so that wine maybe prepared with them - the
transaction is unlawful, rather void, on the basis of precaution.
However, if the seller does not sell it with that intention but only
knows thatthe buyer will prepare wine with the grapes. the apparent
position is that the transaction is in order.
٢٠٧٧. Making the image of a living being, and
even its painting, is unlawful, but there is no harm in purchasing and
selling it, though it is better to abstain fromit.
٢٠٧٨. It is unlawful to purchase a thing which
has been acquired by means of gambling, theft, or a void transaction,
and if a person buys such a thing. he shouldreturn it to its owner.
٢٠٧٩. If a person sells ghee with which fat is
mixed and specifies it - for example. he says: "I am selling ٣ kilos of
ghee" - the transaction is void to the extent fat is present in the ghee
and the price which the seller has received for the fat is the property
of the buyer and the fat is the property of the