بيع معاطات و اثر عرف در تصحيح آن

"Hand-to-Hand Trade" and the Effect of Custom in Correction It

Hand -to- hand trade, which is often referred to as trade without negociation or commerce, and without compliance or acceptance, is a customary and old tradition. The opinions rejecting the correctness of this kind of trade had several adherents among the first jurisprudents of the Imimi and Safei creeds, but it has gradually lost its importance and validity until we can almost find no adherent to it at the present time. Those who believe in the correctness of this trade have relied upon references like the book Quran, the prophetic tradition, unanimity, the rule for eleminating a fault and custom. It seems that custom plays the most notable role among those nummerated because the others are themselves influenced by custom or derived from it. The change in jurisprudentsʹ opinions, over time going from expressing the incorrectness of this trade to allowing it, demonstrates their realistic out -look, their attention to the role of custom in commenting on religious precepts, and their yielding to the facts of social life.