نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 444
2129. If gold or silver is sold against gold or
silver it is necessary for the seller and the buyer that before they
separate from each other, they should deliverthe commodity and its
exchange to each other. And if even a part of the thing. about which
agreement has been made, is not delivered to the person concerned the
transactionbecomes void. 2130. If either the seller or the buyer delivers
the entire thing agreed upon, but the other person delivers only a
portion of that thing, and they separate fromeach other, the transaction
with regard to that portion is valid, but the person, who has not
received the entire property, can cancel the transaction. 2131. If silver dust of a mine is sold against
pure silver, and gold dust of a mine is sold against pure gold, the
transaction is void. However, there is no harm inselling silver dust
against gold or gold dust against silver.
CIRCUMSTANCES IN WHICH ONE MAY CANCEL THE TRANSACTION 2132. The right to cancel a transaction is
called Khiyar. The seller and buyer can cancel a transaction in the
following eleven cases:
(i) The parties to the transaction may not have parted from the assembly
in which the agreement was made. This is called khiyarul majlis.
(ii) In the matter of sale the buyer and the seller and in other
transactions one of the parties may have sold or bought the article at
high price or who have been cheated. This is oiled khiyfrul ghabn.
(iii) While entering into a transaction it may be settled that up to a
stipulated time one or both the parties will be entitled to cancel the
transaction. This is called khiyarush shart.
(iv) One of the parties may present his commodity in such a manner that it may acquire more value in the eyes of the people
نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 444