Vol. VII, No. 6.] Lhe Waqj of Moveables. é 367 
[W.S.] 
Bayt-al-Mal payable tothe saree Nasutkh is not valid, under 
the circumstances, whether it is dayn or ‘ayn. But granting 
it devolved on her heir b of inheritance, even then 
the sale is bad. The contract of ‘edle should be rescinded, and 
its equivalent should be returned to the purchaser, since the 
Bier eri which has taken place is sale. This is the require- 
oo But the person to whom the amount with the 
Co Serban r the Bayt-al-Mal is due ‘abdiild take delivery of it 
himself. ” Wol. III, p. 163). 
LXX. THE ossiagers &c. 
prudence]... ... «. nd several gneesiane s i concerned with this 
rule :—(1) What establishes usage (‘Ada There are several 
minor questions connected with it: (a) There is difference of 
opinion concerning usage as regards menstruation, Abi Hanifah 
and Muhammad holding that usage is not established except 
by two instances. Abi Yisuf, on the other hand, holds that a 
single instance establishes it, and they [jurists] say that the 
fatwa is in accordance with this . . (6) Training a hunting dog 
to abstain from BeMesies its prey § so that abstention becomes a 
habit (‘Adah) h him. This is established by his abstention 
from ice a ‘tine times (pp. 58-59, Hd. Cal.). 
LXXI. Durr-at-MuKHTAR. 
The sale of written orders issued by the Diwan to the 
Governors for the payment of certain sums of money is not 
valid, unlike the sale of the shares of the Imams [which is valid], 
because in this case the money derived from the waqf property 
exists, while in the other case it is not so.—Ashbah and Qunyah. 
The meaning is that it is lawful for the beneficiary to sell his 
bread before he takes delivery of it from the supervisor. Com- 
ments of the Radd-al Muhiar on the above quotation from 
the Durr. al-Mukhiar : ‘** Unlike the sale of the shares of the 
ams °’:; shares, 7.¢., fixed stipends or rations out of the waqf, 
, their sale is valid. This is contrary to what is laid down in 
tie Sayrafiyyah. Its author was questioned as _ the sale 
a fixed stipend orration. He answeredin the negative.—Taken 
aan the margin of the Ashbah. I say that the following is the 
text of the Sayrafiyyah :—He [the ges of the Sayrafiyyah] 
was questioned as to the sale of a stipend or ration. He 
said it is not valid. For either the possessor of the hazz sells 
what is stated in it or the hazz (ticket) itself. There is no 
ground for the validity of the first as it would be the sale of 
something which he does not possess Nor is there any ground 
