Aslam

(2) Transaction of Interest: God made interest unlawful and there is strict order of prohibition regarding it. The question of interest arises in only two cases, in transactions of cash money, gold and silver and of food stuffs. Interest occurs in these two cases only under two conditions — (1) If sale is held on credit and not in cash, that is, not to hand in hand transaction and (2) if more in quantity is taken in lieu of less quantity of the same kind of thing, ft is unlawful to sell a fixed quantity of gold or silver for a fixed quantity of more gold or silver on credit. It is not lawful to receive in cash the value of a certain thing which is to be delivered in future. Three things are to be observed in case of gold and silver. (1) Counterfeit coins of a great measure can not be taken in lieu of less quantity of pure coins. This kind of transaction is unlawful . An inferior quantity of a thing cannot be taken in lieu of a good quantity of the same thing. (2) There is no-fault in selling silvers in more quantity in lieu of gold of small quantity, because they are of different kinds of things and not of the same kind. (3) If gold and silver are mixed and the quantity of each is not known, the transaction is not lawful.

Food-stuff s.The food-stuffs of seller and buyer are of different kinds or of the same kinds. When food stuffs are of the same kind, it is lawful to exchange them and the rules of the same of things are applicable in this case. If a man gives a goat and takes in exchange mutton on credit or in cash, it is unlawful. To give wheat and to take in exchange bread on credit or in cash is unlawful. If milk is given to a milk trader and if in exchange clarified butter, butter or cheese is taken, it will be unlawful.

(3) Advance payment: Some conditions are to be observed in advance payment of money and things. (1) The quantity and kind of a thing for which advance payment is made should be fixed.
(2) In the place of contract , the principal thing or money shall be paid in advance. If both of them become separate before possessing the thing, the transaction will be unlawful. In the place of contract, the thing or money shall be delivered. (3) The

50 The Book of Wordly Usages Vol-II

thing that is given in advance must be an exchangeable commodity such as food stuffs, animal, minerals , cotton,, milk, meat etc. (4) The weight and quantity of the thing given in advance must be fixed. (5) Time of the delivery of the thing should be fixed, (6) The place should be as certained in which the thing is to be delivered, as there might be, difference of price in case of place where commodity is to be delivered. (7) The thing to be advanced should have no connection with another thing, such as crops of this land, fruits of that garden. (8) Transaction of rare and precious things on advance payment is not lawful, such as transaction of rare jewel, a beautiful slave or slave girl.