then he has a valid point, because the Quran is the strongest source of evidence, followed by the Sunnah, then scholarly consensus. Consensus must necessarily have a basis in the Quran and the Sunnah—either known or unknown to some people. It is never possible for there to be a consensus without a basis in the Book of Allah or the Sunnah of His Messenger ﷺ.
“It is the exchange of property—even if it is a liability owed—or of a lawful benefit, such as a right of passage through a house, for the equivalent of either of them, in perpetuity, excluding usury and a loan. …”
His statement, “It is”: the pronoun refers to sale.
His statement, “the exchange …” to the end: this is its technical definition. It also has a broader linguistic definition than its technical definition. This is likewise the case with all terms and concepts that have both linguistic and religious meanings: you will find that their linguistic meanings are broader than their religious meanings, except in the case of certain terms, such as faith. Linguistically, faith pertains to the heart, because it is the heart’s affirmation of something. In the Sacred Law, however, it is broader, for it includes a person’s speech and the actions of the limbs, in addition to the heart’s affirmation. This is uncommon; more often, linguistic meanings are broader than religious meanings.
Thus, sale in the linguistic sense is broader than sale in the religious sense. It is taking one thing and giving another, even if it is by way of a loan for use or a deposit. If I hand you something to lend it to you for use, that is a sale linguistically, because the word is derived from bāʿ (arm’s span): each of the two parties extends his arm’s span toward the other.
In technical usage, however, he says: “The exchange of property—even if it is a liability owed—or of a lawful benefit, such as a right of passage through a house, for the equivalent of either of them, in perpetuity, excluding usury and a loan.”
His statement, “the exchange of property”: what is meant here by property is every tangible item whose benefit is lawful without need. This includes gold, silver, wheat, and barley,