As for analogical reasoning (qiyās), it demonstrates the permissibility of sale from the angle that people’s perpetual needs call for it: a person often desires something that lies in another’s hand—whether it is the price or the commodity itself—and the other will not part with it except for a counter-value. Therefore, allowing sales is necessary so that each party can attain the sought-after benefit.
A sale is concluded either by a verbal formula or by a practical formula.
-
The verbal formula consists of two parts:
• the offer, which is the wording issued by the seller—for example, “I have sold (bistu) [this item]”;
• the acceptance, which is the wording issued by the buyer—for example, “I have purchased (ishtaraytu).” -
The practical formula is the muʿāṭāh exchange, which is accomplished by the act of giving and taking: the seller hands over the commodity and the buyer hands over its customary price.
The formula may also combine both words and actions.
Shaykh Taqi al-Din (may Allah have mercy on him) said: “Muʿāṭāh sales take several forms:
-
The seller issues only a verbal offer, and the buyer simply takes the item; for instance, the seller says, ‘Take this garment for one dinar,’ and the buyer takes it. The same applies if the price is specified in kind—for example, he says, ‘Take this garment in exchange for your garment,’ and the buyer takes it.
-
The buyer utters a statement and the seller hands over the item, whether the price is specified or remains a debt owed.
-
Neither party utters a word; rather, custom suffices, so the buyer places the price and takes the commodity.” End quote.