مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٣٧ - CONDITIONS REGARDING COMMODITY AND ITS CONVERTIBILITY

taken in exchange for it have five conditions attached to them.
(i) Its quantity should be known by means of weight, scale. measurement, counting etc.
(ii) It should be transferable. Hence sale of a horse which has run away is not valid. However, if a horse which has run away is sold along with a thing which can be transferred (e.g. a carpet) the tcansaction is valid, although the horse may not be found.
(iii) The features of the commodity and the thing taken in eychange, which influence the interest of the people in the transaction should be specified.
(iv) The ownership should be unconditional. Hence, it is not permissible for a person to sell a trust property except in certain circumstances which will be mentioned later.
(v) The seller should sell the commodity itself and not its profit. Hence, if for example. one years profit of a house is sold it is not in order. However, if a buyer gives profit of his property instead of money (for example if he buys a carpet from someone and in lieu thereof gives him the profit of his house for one year) there is no harm in it. Orders with regard to these matters will be narrated in the following Articles.
٢٠٩٩. If transaction with regard to a commodity is made in a city by means of weight or measurement one should purchase that commodity in that city by getting itweighed or measured. But if transaction of the same commodity is concluded in another city by observing it one should purchase it in that city by observation.
٢١٠٠. The transaction with regard to a thing which is purchased and sold by weighing can also be made by measuring it, and it is in this way that if. for example, aperson wants to sell ten kilos of wheat, he should fill a measure, which contains one kilo of wheat, and give ten such measures to the buyer.