Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Document Forty-Eight Right Of Redemption For Ten Years And Conversion To Pledge (1867)

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This is a case of sale with the right of redemption of a plot of land for a limited period of time, the parties to the contract being Bedouin of ʿArab al-Taʿāmira. At the termination of that period, the plot is to be returned to the seller provided he manages to repay the price of the plot to the purchaser. If he does not, the sale is to become a pledge without limitation of time and the purchaser becomes a pledgee. The practice of sale with the right of redemption in the case under review is inspired by the sharīʿa. Thus the legal document is referred to as sharʿī and the sale is coupled with an attempt to circumvent the sharʿī prohibition of interest. The conversion of sale with the right of redemption into a pledge suggests that the borderline between the two institutions was blurred in daily practice.

Keywords: conversion; legal document; pledge; purchaser; right of redemption; seller; sharīʿa; sharʿī

10.1163/ej.9789004201323.i-582.164
/content/books/10.1163/ej.9789004201323.i-582.164
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Legal Documents from the Judean Desert — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation