Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

credit. It always has to be made on the basis of an on-the-spot
payment. An on-the-spot payment, in its turn, is possible only
when both items of property have (the attribute of) ta’ayyun. On
the other hand, property that is a deyn, as well as gold and silver,
will have ta’ayyun (only) when they are taken possession of, not
when they are made ta’yîn of. Therefore, it is not a condition to
make ta’yîn of the gold or silver currency. If a person says to
another person, “I have sold you one gold coin in return for one
gold coin,” and the second person accepts it, and yet if they do not
have any gold coins with them, the sale will be sahîh if they borrow
gold coins from others and give the coins to each other before
leaving the place of bargaining. If they do not take possession of
each other’s coins, it will be a sale of a deyn in return for a deyn,
which in turn is a sale that is bâtil. A sale of sarf is made by
bargaining. Being mukhayyer (option) is impracticable. Neither
party can postpone delivery. That is, it is out of the question to say,
“I’ll give it tomorrow.” If one of the parties leaves the place of
bargaining before both parties have taken possession of the
proceeds of the sale, the agreement becomes bâtil. When gold and
silver are exchanged for each other, they do not necessarily have
to be of the same weight.
As gold is exchanged for gold and silver is exchanged for
silver, both parties have to know that the items being exchanged
for each other are of equal weights. If they do not know so, the
sale will not be permissible even if the weights happen to be
equal. Even if one of the items is more valuable on account of
artizanship, workmanship or some other factor, their weights still
have to be equal. As regards other metals, however,
workmanship might suffice (for the quantity-based valuation) to
win over the weight-based valuation, so that it cedes its bench to
a pricing determined by number. If the weight of the gold or silver
given is not equal to that of the gold or silver taken, the difference
must be offset by giving paper currency or something else. It will
be makrûh if the value of the additional item given falls short of
offsetting the difference. Or, the gold or silver currency should be
returned and paper bills of equivalent value should be taken in
lieu of it. Thereafter, by way of a separate bargaining, the paper
bills received should be used for buying the gold or silver
currency involved from the other party.
In the sale of sarf or in the one termed selem, the themen
cannot be used before it has been taken possession of. If a person
bought one dinâr [of gold] in return for ten dirhams [of silver], it
– 354 –