مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 438

2101. If anyone of the conditions mentioned above is not fulfilled the transaction is void. However, if the buyer and the seller agree to appropriate the propertyof one another, there is no harm in their doing so.
2102. The transaction of a trust property is void. However, if it is so much impaired or is going to be so impaired that it is not possible to use it for thepurpose for which endowment was made, for example. if the mat of a masjid is so much torn that it is not possible to offer prayers on it, there is no harm in selling it. Andif it is possible its sale proceeds should be spent in the same masjid for a purpose which is nearest to the object of the person who made the endowment.
2103. When so serious differences crop up between the persons for whom endowment is made that it may be feared that if the endowed property is not sold, theproperty or the life of some person would perish that property may be sold and the sale proceeds should be spent on a purpose which is nearest to the object of the person whomade the endowment. And the same orders apply if the man making the endowment lays down the condition that the trust property may be sold if it is advisable to do so.
2104. There is no harm in buying and selling a property which has been leased out to another person. However, the lease holder is entitled to utilize the propertyduring the period of lease. And if the buyer does not know that the property has been leased out or he has purchased it under the impression that the period of lease is shorthe can rescind the transaction when he comes to know the correct position.

FORMULA OF PURCHASE AND SALE
2105. It is not necessary that the formula of purchase and sale should be pronounced in Arabic. For example, if the seller says in English: "I have sold this property in lieu of this money",

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 438

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