Vol. VII, No. 6.] The Wagf of Moveables. 369 
[N.S.] 
good in the last three. Abu Bakr says that it is not good in 
all the cases, but the fatwa nowadays is according to the view 
of al-Kharkhi in order to free people from narrow restrictions. 
In Walwalijiyyah it is stated that some of the jurists say that 
view in order ¥6 free actole from narrow restrictions, Gainateal 
gain being very common nowadays. (Vol. IV, 340). 
LXXYV. But you should accept what is in the Fatawd Qadi 
Khan, for verily Qadi Khan belongs to the class of people com- 
petent to express opinion concerning accuracy and preference. 
(Vol. IV, p. 385). 
LXXVI. And this [rule] changes with the change of time and 
place, as we see. I say, the ground on which the rule was based 
was fear, which is likewise elas on account of merchant 
vessels known in our days as steam-boats, because there is 
a strong presumption of safety with regard to them, so much 
so, that no merchant ey feels secure unless he ships his 
oods in them. hen the ground is no longer existent, the rule 
also disappears. For, we have said before, and it will be stated 
later on also, that regard should be had to the recognized prac- 
tice oe the os of deposits. Now thatthe recog- 
nized practice is such, it should be said that there is no 
difference between travelling with the deposit by land and 
travelling with it by steam-boat. (Vol. IT, 334) 
Isr. (p. 309). 
LXXVII. ‘‘ Al-Shafi‘i states absolutely that a creditor 
may take what is due to him as regard things not of the same 
nature as what he had given his debtor, *’ that is to say, i 
either money or commodities; for as regards money, it is 
permissible to take it according to our school, as stated previ- 
ously. Al-Quhistani says : In this there is an indication that 
e may receive payment in things not of the same nature, 
similar in id spa of a value. This is when of greater 
convenience, so that we may adopt it, although not the opinion 
of our sonnal, for, as aE Zahidi says, a man may be excused 
if he were to follow this under necessity. 
LXXVIII. Tue Rapp-at-Muutar (I1/, p. 376). 
The substance of all this is that the reason given here on 
the authority of al-Hidayah is based on the principle that ‘‘ all 
things are originally lawful. ** This is the opinion of the 
Mu‘tazilah. 
