Al-Kafi 14559

Translation

Muhammad Bin Yahya, (It has been narrated) from Muhammad Bin Al-Hassan that he wrote to Abu Muhammad^asws, regarding a man who sold his estate to another man, and it was a piece of land, and its boundaries were unknown in a time, and did not have it witnessed, and he said, ‘When I come to you with the boundaries, so bear witness with it’. Is that allowed for him, or it is not allowed for him that he should testify?’ So he^asws wrote: ‘Yes, he is allowed, and the Praise is for Allah^azwj’. And a man wrote to him who had two (pieces) of land for him. So he had to go out to Al-Makkah, and the town was on the way from his house, and he did not come with the boundaries of his land, and the four boundaries of the town were known. So he said to the witnesses, ‘Bear witness that I have sold to so and so the entirety of the town which had such and such a boundary, and the second, and the third, and the fourth (boundary)’. But rather, for him in this town were two pieces of land. So is the (buying of) that correct for the buyer, rather for him was part of this town, and he has accepted for him, the whole of it?’ So he^asws wrote: ‘He is not allowed to sell what he does not own, and it obligates upon the buyer (to buy) and upon the seller (to sell) what he owns’. And he wrote, ‘Is it allowed for the witness whom he has called to witness with the entirety of this town that he testified with the boundaries of the piece of land which is for him in it, when the boundaries of this piece are recognised by a people from the inhabitants of this town, when they are just?’ So he^asws wrote: ‘Yes, they can bear witness upon something which is understood, recognised’. And he wrote, ‘A man says to a man to bear witness that the entire of the house which was for him in such a such a place, with all of its boundaries is for so and so, son of so and so, and the entire of what is for him in the house from the chattels. Would it be correct for the buyer whatever was in the house from the chattels, which things would these be?’ So he^asws wrote: ‘It is correct for him whatever the buying has encompassed, with the entirety of that, Allah^azwj Willing’.

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