and so-and-so as having failed, and so-and-so as requiring supplementary examinations. He then says, “These results are not good,” and afterward says, “I accept.” This is not valid, because he occupied himself with something that breaks the session. Therefore, for this contract to be valid, the seller must repeat the offer so that the acceptance follows it.

Likewise, the acceptance must correspond to the offer in quantity, genus, and type. Thus, if he says, “I have sold you Sharh Ibn Aqil for ten,” and the other says, “I accept al-Rawd al-Murbi' for ten,” it is not valid, because the acceptance differs from the offer. Similarly, if he says, “I have sold you Sharh Ibn Aqil for ten,” and the other says, “I accept it for nine,” it is not valid due to the lack of correspondence. But if he says, “I accept it for eleven,” it is valid, because this benefits the seller. He may say, “I will take the ten, and the remainder is yours.” If he does not intend to confer the extra amount upon him as a favor, then the apparent view is that it is valid, and that what is invalid is only when the price is reduced below what the seller stipulated.

If he increases it, then he has given him something additional, and sellers do not normally refuse an increase; this is what generally occurs.

His statement, “It is the verbal form, or by mutual exchange, which is the action-based form”: the contract therefore has two forms: a verbal form and an action-based form.

The verbal form consists of the offer and acceptance.

The action-based form consists of mutual exchange: each party gives the other something without speaking.

It has three forms:

The first is mutual exchange by both parties.

The second is mutual exchange by the seller.