368 Journal of the Asiatic Society of Bengal. [ June, 191i. 
for the validity of the second, as this much paper has no 
legal value, unlike an order on a governor, because that piece 
of paper has legal value. (Vol. IV, p. 19). 
LXXIA. Is void the sale of property (Mal) which has no 
legal value (Mutaqawwim), ¢.g., wine, pigs, etc. A property 
having legal value is that from which lawful profit can be 
derived in accordance with the Sacred Law. (IV, p. 155). 
LXXII. Lawfulness is the original character of things. 
(IV, 273). 
LXXIII. The usage (‘@dah) at that time was such. It has 
the practice of the people. (IV, 293.) 
LXXIV. A man gives his capital to be employed in 
mudarabah to an ignorant person. It is lawful for him to 
participate in its profits unless he becomes aware of their being 
acquired by unlawful means. 
CoMMENTS OF THE RapD-At-MuuTAR ON ‘‘ ACQUIRED BY 
UNLAWFUL MEANS.’ 
_ This question has been clearly explained in the Tatar- 
khaniyyah where it is stated: ‘“‘A man acquires money 
by unlawful means and then he purchases something with it. 
This may happen in five ways—(1) He delivers those very 
dirhams to the vendor first of all and then buys something of 
him with that money; (2) or he purchases the article in 
question before paying the price with that money and does so 
afterwards; (3) or he purchases the article before delivering that 
money and pays other dirhams ; (4) or he purchases withou 
him to give Sadaqah except in the first case. This is the ‘view 
adopted by the jurist Abu-’lLayth. But this is contrary to 
the “Conspicuous Report.”? For it is laid down in the 
ould be given in charity (Sadaqah). Al-Karkhi says that the 
transaction is not good in the first and second cases but it is 
