مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٣٢ - UNLAWFUL TRANSACTIONS
seller and the buyer can also rescind (cancel) the transaction in
respect of the pure ghee present in the mixture. However, if the seller
does not specify it and sells ٣ kilos of ghee on responsibility, and
later gives ghee with Which fat is mixed, the buyer is entitled to
return that ghee, and ask for pure ghee.
٢٠٨٠. If a seller sells a commodity, which is
sold by weight or measurement, at a higher rate against the same
commodity, for example, if he sells ٣ kilos of wheatfor ٥ kilos of
wheat, it is usury and is unlawful. Rather, if one of the two kinds is
faultless and the other is defective, or one is superior and the other
is inferior, ortheir prices differ, and the seller gets more than the
quantity he gives. even then it is usury and is unlawful. Hence if a
person gives unbroken copper or brass and getsmore of broken copper and
brass, or gives a good quality of rice and gets more of another kind of
rice instead, or gives manufactured gold and takes a larger quantity of
rawgold, it is usury and is unlawful.
٢٠٨١. If the additional commodity being taken by
a person is different from the commodity which is being sold by him for
example if he sells ٣ kilos of wheatagainst ٣ kilos of wheat and some
cash, even then it is usury and is unlawful. Rather, if he does not take
anything in excess but imposes the condition that the buyer
wouldperform some act for him, it is also usury and is unlawful.
٢٠٨٢. If the person who is giving less quantity
of a commodity adds some other thing to it, for example if he sells ٣
kilos of wheat and one book for ٥ kilos ofwheat there is no harm in it.
And the same rule applies if each party adds something to the commodity
e.g. when a person sells ٣ kilos of wheat and one handkerchief for
٥kilos of wheat and one book.
٢٠٨٣. If a person sells something which is sold
by measuring with meter or hand e.g. cloth or something which is sold by
counting e.g. eggs and walnuts and takesmore - for example if