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Issue No. 1904Rules Regarding Musaqat

Rules Regarding Musaqat when the Owner of the Orchard Dies

Issue No.1904- The musāqāt transaction is not terminated with the death of the owner of the orchard, and his heirs will act on his behalf. However, if a person to whom the upkeep of the trees was entrusted dies and if they had agreed that he himself would do the job, the contract will become cancelled, but if they have not laid such a condition, his heirs will take his place.

Issue No. 1765Haraam and void Transaction

Rules Regarding Transacting Counterfeited Goods

Issue No.1765- If a person sells counterfeit commodity, like, oil mixed with paraffin, and specifies it, for example, he says: “I am selling this oil”, the customer can cancel the transaction whenever he notices it. However, if he does not specify it, but rather says that he is selling, for example, 3 kgs of oil, but at the time of delivering it, he delivers counterfeit commodity, the buyer can return the oil, and ask for a normal commodity.

Issue No. 1535Treasure-Trove

Rules Regarding Treasure-trove Fount in Other’s Land

Issue No. 1535- If a person finds treasure in a land which does not belong to anyone, and the owner of the treasure is not known at all, it becomes his property and he should pay khums on it. And also, if a person finds a treasure in a land which he has purchased from another person and knows that it does not belong to the previous owners of the land, it becomes his own property and he should pay khums on it. In case however, one considers it probable that it belongs to one of them he should, on the basis of obligatory precaution, inform that person about it and if becomes known that it does not belong to him, he should inform the person who owned the land before him. And in the same way he should inform all the persons who were owners of that land earlier. If it turns out that the treasure does not belong to any one of them, it becomes his own property, and he should pay khums on it.

Issue No. 1975Conditions of the Property Mortgaged

Rules Regarding the Current Method of Rent and Mortgage

Issue No.1975- It is a common practice among some people that they give a deposit to the owner of the house and take the house as a mortgage on the condition that they pay less rent, or pay no rent at all (such a house is usually referred to as a mortgaged house), this is usury and haram. The correct method is that the owner should first rent out the house to the tenant for an amount, though little, and he stipulates in the lease contract that the tenant should give him a specified amount of loan and the house will be as mortgage against it, in this case it will not be usury, and it will be halal.

Issue No. 1457Methods of Ascertaining the First Day of a Month

Rules Regarding the Demonstration of the First Day of Month By Planetary Measures

Issue No. 1457- The first of a month will not be proved by calendars or the calculations made by the astronomers, though they may be knowledgeable and accurate, unless one becomes certain due to their words. Similarly, if the moon is appearing higher than usual, or sets later than usual, it may not be regarded that the previous night was the first night of the month.

Issue No. 1527Mine

Rules Regarding what is Called Mine

Issue No. 1527- If chalk, lime, red clay, etc., are called minerals, khums should be paid on them. This rule also applies to different kinds of stones.

قرآن و تفسیر نمونه
مفاتیح نوین
نهج البلاغه
پاسخگویی آنلاین به مسائل شرعی و اعتقادی
آیین رحمت، معارف اسلامی و پاسخ به شبهات اعتقادی
احکام شرعی و مسائل فقهی
کتابخانه مکارم الآثار
خبرگزاری رسمی دفتر آیت الله العظمی مکارم شیرازی
مدرس، دروس خارج فقه و اصول و اخلاق و تفسیر
تصاویر
ویدئوها و محتوای بصری
پایگاه اطلاع رسانی دفتر حضرت آیت الله العظمی مکارم شیرازی مدظله العالی
انتشارات امام علی علیه السلام
زائرسرای امام باقر و امام صادق علیه السلام مشهد مقدس
کودک و نوجوان
آثارخانه فقاهت