'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎232r] (474/1904)

six conditions ths loaoe to null and void. Th© first (io)
tuc cospact, i»e* the propoeal and acceptance, intended to
indicate tiie f'ttct ox tli© fl -cei ®ption of* th© profit for
fixed period in return for eomethiru; specific. Secondly, the
legality o the poiieension. Thirdly, the taking cognisarute
01 the rant or the measure or weight or nicnber. Fourthly,
the opecification of tiie profit by tine or by the Job. Fifthly
the retention of the profit in poooesoion or its coming
under that category (of possession). Sixthly, the defining
toe period of the lease in such a manner that it shall
become neither loss nor more. Th© subject matter of the
cues t ion (under reply) being void of certain of the conditions
» < ' :ie coKpact, and th# period, and th.© cognisance of
the r;ount of the profit, is not valid, and Qod is aware of
tiie truth of affairs.
Written by the hmable Abdullah el Moosevt el Baladi.
(L.S.).
(Sot< - "haChief riullah of the Ussuli sect of Shlas In
iiushire. His opinions are greatly respected.)
J. In th© na *a© of God Th© '.erciful. The Compassionate.
-u.t distinguished uifflaae - :!ay their blessings amongst th©
people endure - have defined *lease B to be the taking possess
ion of an ascertained profit in return for aonething specific,
so Whatever is liko giving possession of original property,
for instance by selling it. is a thing extraneous to a con-
pact of lease, end so is anything in which the profit is
defined , either in itself - such as by the act of sewing of
a certain garment or the riding of a certain animal to a
certain place - or by the fixing of a period ouch as a full
year. And thus, as regards the subject of the question, where
as, it is not a case of taking possession of a profit, but
of the original property, and whereas, the profit is not fixed
by either of the two methods aforesaid, the leas© ie accord-
ingly null and void, on both counts, and it is obvious that
while there is no contradiction in the said tv;o rulings, it
is recorded that tiie majority set store by th© last. And
god