Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

If a certain building is bought on the basis of an on-the-spot
payment and its themen (price) has been paid and yet the buyer
has not taken possession of the property he has bought, it is
permissible for him to donate or sell it only to a third person. Yet
he cannot rent it out. No creditor is accredited to sell on credit the
thing owed to him, whatsoever it may be, before taking possession
of it. In other words, a deyn cannot be sold in return for another
deyn.
The seller is accredited with selling any kind of themen that is
mithlî, if the themen is an ’ayn, to anyone on the basis of an onthe-spot
payment before having taken possession of it and/or
without measuring, as well as with giving it as a present,
bequeathing it, and renting it out. If it is a deyn, he can sell it only
to the buyer, or to the buyer’s deputy, and on the basis of an onthe-spot
payment. In other words, he can take another kind of
property instead of the themen from the buyer, with the proviso
that the delivery (of that property in lieu of the themen) be made
on the spot. He can donate it as a present or as alms to the buyer,
or he can rent him his house. Or he can discount the themen a
little, or add to it if the buyer accepts it. A bey’ (sale) with the
stipulation that the seller will donate a part of the themen to the
buyer is fâsid. If the themen is a deyn, the seller can transfer any
one of his creditors to the buyer or bequeath something that the
buyer owes to him. With the exception of a mebî’ purchased and
sarf and selem, any kind of debt due to a creditor, if it is an ’ayn,
can be sold (by the creditor) to the debtor or to someone else on
the basis of an on-the-spot payment. If it is a deyn, before it has
been taken possession of, it can be sold only to the debtor on the
basis of an on-the-spot payment. Or the creditor can use it to buy
something from the debtor. It cannot be sold or given as a themen
to another person. It is bâtil as well to sell a deyn to the debtor on
credit, i.e. in return for a(nother) deyn. In other words, it is bâtil
for a creditor to take something else, at a future time, in lieu of a
debt that is due to him. Since promissory notes and certificates of
debt represent a deyn, they cannot be used in lieu of money. They
cannot be used to buy something on the basis of an on-the-spot
payment from anyone other than the person who gave them. To
sell them at a discount to a bank, on the other hand, means to sell
a deyn to a third person. However, they can be transferred. Please
see the thirty-first, the thirty-seventh, and the thirty-ninth
chapters.
Witnesses and promissory notes are not indispensable in
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