مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٦٣٨ - SOME PROBLEMS CONCERNING THE RULE OF ILZAM

purchased on the basis of qualities as mentioned by the seller and on seeing it is found that it does possess those qualities, even then the transaction can be canceled under the rule of Khiyarur Ruiyat, Hence. if a Shiah purchases a commodity from a Shafai and finds in it, on inspection, the qualities as stated by the seller, even then he can cancel the transaction under the rule of ilzam.
(ix) According to Shafai Jurisprudence if either the buyer or the seller in a transaction sustains loss, he is not entitled to cancel the transaction. According to Jafariah Jurisprudence. however, the transaction can be canceled in such circumstances under the rule of "Khiyar ghabn", Hence, if one party to a transaction is a Shafai and the other is a Jafari and the Shafai sustains loss and the Jafari is not prepared to cancel the transaction he cannot be compelled to cancel it.
(x) According to Abu Hanifa it is a condition precedent for the validity of "Bay Musallam" (i.e. delivering the sold goods to the buyer on a later date) that the goods sold should be available, but according to Jafariah Jurisprudence this is not necessary. Hence, if a Jafari purchases a commodity from a Hanafi in the aforesaid manner the Hanafi can be compelled to cancel the transaction.
(xi) If a Sunni leaves behind a daughter and a brother and if in case the brother has become a Shiah or becomes a Shiah after the death of the said Sunni, then as the daughter gets half of the property of the deceased the rest will, according to Sunni Jurisprudence, be inherited by the brother under the law of Tasib. According to Jafariah Jurisprudence, however.if the deceased leaves behind any offspring, his brother will not inherit anything from him. Similarly if the deceased has a real sister and an uncle from his fathers side, but the uncle is a Jafari or becomes a Jafari after the passing away of the deceased Sunni he ٠١١ benefit in the matter. d inheritance under the rule