Book of Sales
Introduction
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Book of Sales, and1 a sale is concluded—never in jest—by any wording that denotes buying and selling, as well as by mere transfer of goods (muʿāṭāh), for example when one says, “Give me, for this,2 some bread,” and the other party hands over3 what pleases him.
Its conditions are seven4:
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Mutual consent; a transaction forced upon a party without right is invalid.
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Sound judgment; the sale made by a discerning minor or by a spendthrift is invalid unless their guardian authorises it.
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The item sold must be recognized property; therefore, selling wine, a dog5, or carrion is void.
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The item must belong to the seller, or he must be authorised to dispose of it, at the moment the contract is made; a sale by an unauthorised agent (faḍūlī) is invalid even if later ratified.
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Ability to deliver the item; thus the sale of an absconding slave or runaway animal is invalid, even to someone capable of ultimately recovering them6.