Book of Sales
Introduction
When the author had completed his discussion of acts of worship—whose purpose is the reward of the Hereafter—he turned to the subject of transactions, whose purpose is worldly acquisition. Thus, after beginning with acts of worship because of their importance, he followed them with transactions because of their necessity. He postponed marriage (nikāḥ) because its urge follows that of eating, drinking, and the like, and he concluded with criminal offences and disputes, for such matters usually arise only after the appetites of the stomach and the private parts have been satisfied.

Sales (buyūʿ) is the plural of bayʿ. Although bayʿ is a verbal noun and verbal nouns are not normally pluralized, the term is treated as plural here to underscore the multiplicity and variety of its forms.

Linguistically, bayʿ means taking something and giving something in return. It is traced etymologically to bāʿ (“arm-span”), which is lengthened either when the bargain is struck or when the price or the purchased item is received.

Legally, sale is the exchange of one item of wealth for another with the intention of acquiring ownership, whether this is expressed by verbal formulas of contract or by equivalent conduct. Its permissibility is affirmed by the four primary sources of law:

1 The Qur’an: “Allah has permitted trade” (2:275).

2 The Sunnah: “The two parties to a sale each retain the option [to cancel] so long as they have not yet separated.” Narrated by al-Bukhārī (2108) and Muslim (1532).

3 The unanimous agreement of the Muslims on its permissibility.

4 Analogy, for the need for it is pressing; without it a person would not obtain what