LessonsMethods of Metaphorical Transfer: Cause, Effect and Legal MeaningQuiz

Shirāʾ is the act or contract of purchase. Milk is the legal state of ownership that may result. Although purchase normally produces ownership, the two are not identical.

1. A person buys a slave: the act is purchase.
2. Upon effective purchase, ownership is established: that is milk.
3. A gift or inheritance may confer ownership without a purchase.

Consequently, a condition framed in the language of ownership may operate differently from one framed in the language of purchase. The jurist must ask whether the condition concerns a single state of ownership or a particular act of acquisition.

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What ownership and purchase literally mean

Methods of Metaphorical Transfer: Cause, Effect and Legal Meaning

Shirāʾ is the act or contract of purchase. Milk is the legal state of ownership that may result. Although purchase normally produces ownership, the two are not identical.

1. A person buys a slave: the act is purchase.
2. Upon effective purchase, ownership is established: that is milk.
3. A gift or inheritance may confer ownership without a purchase.

Consequently, a condition framed in the language of ownership may operate differently from one framed in the language of purchase. The jurist must ask whether the condition concerns a single state of ownership or a particular act of acquisition.