A Difficulty Concerning a Footnote in Bihishti Zewar on a Sale with an Unknown Term

Question

In Bihishti Zewar (“Heavenly Ornaments”, the Akhtari edition), Part Five, p. 7, Mas’ala no. 4, there is a footnote of yours marked with the sign “عه”. Apparently the meaning of your footnote does not agree with the wording of the main text (matn), since the words “twenty seers” and “fifteen seers” (a seer being a unit of weight, ≈ 0.93 kg) are clearly written in the main text, whereas you have written that “it was not settled; the matter remained vague.

Answer

The wording of the footnote is entirely in accordance with the main text. Two cases are set out in the main text: one of permissibility, in which it is specified whether it is cash or credit; the other of impermissibility, in which it is not specified whether it is cash or credit — whether she will take it for cash or on credit.

Source: Fatawa Mahmudiyya

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