tradition

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tradition

same as TRADITIO.

TRADITION, contracts, civil law. The act by which a thing is delivered by one or more persons to one or more others.
     2. In sales it is the delivery of possession by the proprietor with an intention to transfer the property to the receiver. Two things are therefore requisite in order to transmit property in this way: 1. The intention or consent of the former owner to transfer it; and, 2. The actual delivery in pursuance of that intention.
     3. Tradition is either real or symbolical. The first is where the ipsa corpora of movables are put into the hands of the receiver. Symbolical tradition is used where the thing is incapable of real delivery, as, in immovable subjects, such as lands and houses; or such as consist in jure (things incorporeal) as things of fishing and the like. The property of certain movables, though they are capable of real delivery, may be transferred by symbol. Thus, if the subject be under look and key, the delivery of the key is considered as a legal tradition of all that is contained in the repository. Cujas, Observations, liv. 11, ch. 10; Inst. lib. 2, t. 1, Sec. 40; Dig. lib. 41, t. 1, 1. 9; Ersk. Princ. Laws of Scotl. bk. 2, t. 1, s. 10, 11; Civil Code Lo. art. 2452, et seq.
     4. In the common law the term used in the place of tradition is delivery. (q.v.)

References in periodicals archive ?
As he stated often in Reason in Madness, he knew that as a "traditionist" he would be accused by many of trying to fashion a literary object that was transcendental, that was beyond the merely cultural.
His main conclusion is that the Islamic Economists unlike the Muslim jurists and traditionists of early medieval time who took Islam as revolutionary reform movement do not extend the theory of riba to areas other than loan (riba al-nasia), and do not consider ground rent, share-cropping and tax farming-the pillars of semi-feudalism in Pakistani rural area as a form of riba.
(9) Prominent traditionists incorporated therein include the notorious Ka'b al-Ahbar, who is often fingered as a primary conduit of nefarious isra-iliyyat or "Jewish stuff" into nascent Islam, (10) as well as Mujahid, Ibn Abbas, Ibn Umar, 'Ali, Rabi', and al-Suddi.
He belonged to Mustafabad (Rampur, U.P.), and was an eminent jurist, traditionist (muhaddith) and commentator on Quran (muffassir) of the Wali-Allahi Tradition.
A hadith that runs against a qur'anic injunction can be disregarded as unauthentic; in contrast, the Traditionists elevate any hadith with a sound chain of authorities (isnad) to the level of a qur'anic verse, especially in matters related to theology, ethics, and law.
2 Melchert defines "Traditionalists" as those who live by the authority of the traditions and the "Traditionists" as the ones who transmit the traditions.
(56) In fact, if we disregard the category of traditionists, Sahl al-Tustari is one of only two later authorities who are quoted by name in Ibn Barraj5n's Shari Asma) Allah al-husna--the other being 12.5.bica al-cAdawiyya (d.
(37) The justification for this is based upon an account related by the Basran traditionist Muhammad b.
Noting some confusion about names, the editor suggests that the 'Umar ibn 'Ubayda of the first of these is to be identified with 'Umar ibn 'Ubayd al-Tanafisi, an otherwise obscure traditionist of the late second century.
Shuja' al-Balkhi in order to slander the traditionists states that God created a horse out of a certain liquid, then caused it to run so that it would perspire, then created His own substance from the perspiration.
Ibn Khafif was not a hadith expert but, like Junayd, always expressed respect for the study of hadith, perhaps especially as a badge of orthodoxy (this in spite of significant tension between traditionists and Sufis in Ibn Khafif's lifetime, which Sobieroj discusses with efficiency).
But in Mosul, the traditionists who informed al-Azdi were mostly interested in pointing fingers.