مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٥٥ - ORDERS REGARDING COMPROMISE
settle their claims with each other and their claim is similar and their
weight is also identical e.g. each of them has to take ٣٠ kilos of
wheat their compromise is in order. And the position is the same it
their claims is not identical e.g. one of them has to take ٣٠ kilos of
rice and the other has to take ٣٥ kilos.of wheat. However, if their
claim is in respect of the same kind and it is a thing which is us;ally
bought and sold by weight or measurement and their weight or measure is
not equal, it is difficult that their compromise may be valid.
٢١٧٦. It a person owes something to another and
the creditor should get the amount after a specified time and in case he
compromises for a less amount and his object is that he may forego a
portion of his claim and get the balance in cash, there is no harm in
it. This order applies when the debt consists of gold or silver or
another commodity which is sold after weighing or measuring. As regards
other things, however, it is permissible for the creditor to compromise
with the debtor or with some one else for a lower amount or to sell that
debt as will be explained in Article ٢٢٩٧.
٢١٧٧. If two persons make a compromise in
respect of some thing, they can cancel the compromise with mutual
consent. Moreover, ii while concluding the agreement one or both of them
are given the right to cancel the compromise, the person who possesses
that right can cancel the compromise.
٢١٧٨. So long as the buyer and the seller do not
leave the place where a transaction has been concluded they can cancel
the transaction. Furthermore, ii a buyer purchases an animal he has the
right to cancel the transaction within three days. And similarly if the
buyer does not pay for three days the price of the commodity purchased
by him and does not take delivery of the commodity the seller can cancel
the transaction. However, one, who makes a compromise in respect of
some property, does not possess the right to cancel the compromise