Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

entails fâiz (or fâidh). However, it has been permitted to sell things
that are measured by weight by selem in return for money, i.e. gold
and silver. For instance, whereas the (sale by) selem of iron in
return for cotton is not permissible, it is permissible (to sell it) by
selem in return for gold. Gold and silver are measured by weight
even after they have been finished. By contrast, finished articles of
other metals are measured by number. For that reason, it is
permissible to sell a copper basin in return for copper lumps on the
basis of on-the-spot payment, different as their weights may be.
Yet the same sale would not be permissible by selem. Since gold
and silver coins do not assume the attribute of ta’ayyun when they
are made ta’yîn of, (i.e. since they will not remain as an ’ayn when
they are used as an ’ayn during the deal,) they are not mebî’; so
they are not sold by selem. Yet these things may be used as themen
in a sale by selem. [According to Imâm Muhammad ‘rahmatullâhi
ta’âlâ ’alaih’, copper coins, which are called ‘fulûs’, fall into the
same category as gold and silver. On the other hand, according to
the ijtihâd reached by the Shaikhayn, (i.e. Imâm-i-A’zam Abû
Hanîfa himself and his other blessed disciple Imâm Abû Yûsuf)
‘rahmatullâhi ta’âlâ ’alaihimâ’, the ‘fulûs’, depending on the user’s
intention, may go out of the state of themen (price) and become
items of qiyamî property like ’urûz, (i.e. any sort of property, living
and lifeless alike, with the exception of gold and silver.) They will
assume the attribute of ta’ayyun when they are made ta’yîn of.
They are sold by selem, their measurement being done by
counting, which means to say that they can be sold by selem in
return for gold or silver or any other property. Hence, it is sahîh
(sound, valid) to exchange paper lira bills, i.e. to buy them, for gold
or silver coins or (gold or silver) articles of ornamentation. This
soundness requires postponing the delivery of the paper lira bills,
with the proviso that the postponement should be longer than a
month’s time, and taking possession of the gold or silver at the
time of agreement.] The property to be sold by selem can be paid
in instalments on certain dates. The themen (price), however,
regardless of its being an ’ayn or a deyn, has to be delivered
promptly and completely at the place of agreement. That is why
this kind of sale has been called selem. The sale by selem will not
be sahîh if the whole themen is not given on the spot. If a person
says to his debtor, “You owe me ... Turkish liras. Let it be the
selem (price paid in advance) for ... litres (or kilograms) of wheat,”
it will not be a sahîh (sale by) selem. For, the themen is a deyn that
has not been taken possession of at the place of agreement. The
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