مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٦١٣ - MISCELLANEOUS PROBLEMS
come to the conclusion that if a person gives ١٠٠ eggs of a hen as debt
to another person on the condition that he will repay ١١٠ eggs after two
months it becomes usury, but if hesells ١٠٠ eggs for ١١٠ eggs payable
after two months, and if there is difference between the eggs sold and
the eggs purchased, it is not usury and the transaction is inorder.
Hence, the difference is of name only and the result is the same. If the
name is debt it is usury and if the name is purchase and sale it is not
usury. It shouldbe noted here that the reality of debt is different
from the reality of sale in the sense that debt means that a person
gives his property to another person with theintention that the debtor
will be responsible for it, whereas sale means that he gives his
property to another person in exchange for the property which that other
person isto give. Hence, it is necessary in the case of sale that the
property sold should be different from the property which is to be given
in exchange for it. It thus becomesknown that if a person, for example,
sells ١٠٠ eggs of a hen to another person making him responsible for
١١٠ eggs and tells him that he is responsible for ١١٠ eggs it
isnecessary that there should be difference between the eggs to be given
by each side for example one may sell ١٠٠ big eggs making the other
person responsible for giving ١١٠eggs of medium size because if there is
absolutely no difference between them the sale is not proved. On the
other hand it will, in fact, be debt in the shape of sale, andfor this
reason the transaction will become unlawful.
٢٨٤٣. All banknotes like Iraqi dinars and
British pounds and American dollars and Iranian rials and other similar
currencies carry value, because the value ofbanknotes, which has been
fixed by every government is accepted and is current through out the
country, and for this reason they have value, and can be demoralized
anddeprived of their value and credit any time the government wishes to
do so. And it is also known that these banknotes cannot be weighed or
measured. For this reason if