Conditions of good and their exchange
The commodity, which is sold, and the thing which is received in exchange,
should fulfil five conditions:
I. Its quantity should be known by means of
weight or measure or counting etc.
II. It should be transferable, otherwise the
deal will be void, for example, selling a horse which has run away is not
III. Those details of the commodity, and the
thing accepted in exchange, which influence the minds of the people in
deciding about the transaction, must be clearly described.
IV. The ownership should be unconditional, in
a manner that, once it is out of his ownership, he forsakes all his rights
over it. So, something, which is in mortgage cannot be sold, without
V. The seller should sell the commodity
itself and not its profit. Hence, if he sells one years profit of a
house, it will not be in order.
2193. If a commodity is sold in a city by weight or measurement, one should purchase that commodity in that city by weight or measure. But if the same commodity is sold in another city at sight, one can purchase it in that city at sight.
2194. A commodity, which is normally sold by weight, can also be sold by measure. For example, if a person wants to sell ten kilos of wheat, he should fill a measure, which takes one kilo of wheat, and give ten such measures to the buyer.
2195. If the transaction has become void because of the absence of any of the aforesaid conditions, except the fourth - but the buyer and the seller agree to have the right of discretion over their exchanged commodities, there is no objection if they do so and in case of the fourth condition, if the mortgager accepts the transaction, or it has been taken out of mortgage, the transaction is in order.
2196. The transaction of a Waqf property is void. However, if it is so much impaired, or is on the verge of being impaired, that it cannot be possibly used for the purpose for which it was dedicated, like, if the mat of a mosque is so tom, that it is not possible to offer prayers on it, it can be sold. And if possible, its sale proceeds should be spent in the same mosque, for a purpose akin to the aim of the person who originally Waqfed it.
2197. When serious differences arise between the persons for whom Waqf is made, to the extent that it may be feared that if the Waqfed property is not sold, property or life of some person is endangered, the property may be sold off, and the sale proceeds be divided among concerned parties and if the who made Waqf made a condition that it be sold when advisable, then there will be no objection to it being sold off. But if the differences is not solved by selling the property and getting some other place, it is necessary to change Waqf property to some other purpose and/or buy some other place with its money and then spend it in the original place and for a purpose akin to the object of its originator.
2198. There is no harm in buying and selling a property, which has been leased out to another person. However, the leaseholder will be entitled to utilize the property during the period of lease. And if the buyer does not know that the property has been leased out, or if he purchases it under the impression that the period of lease is short, he can cancel the transaction when he comes to know of the true situation.