authority.’”

This is a great and beneficial principle. That being so, we say:

Sales, gifts, leases, and other customary practices that people need in their daily lives—such as eating, drinking, and clothing—are governed by the commendable standards of conduct established by the Sharia. It prohibits whatever among them entails corruption, makes obligatory what is indispensable, deems disliked what is improper, and recommends whatever carries a preponderant benefit, whether in the types, quantities, or characteristics of these customary practices.

That being so, people may conduct sales and leases however they wish, provided the Sharia has not prohibited them, just as they may eat and drink however they wish, provided the Sharia has not prohibited it. Some forms of these practices may nevertheless be recommended or disliked. Wherever the Sharia has set no limit in this regard, they remain governed by the original presumption of unrestrictedness.

As for the Sunnah and consensus, anyone who examines what has been reported from the Prophet (peace and blessings be upon him) and the Companions concerning the various forms of sales, leases, and gratuitous transfers will know with certainty that they did not require a verbal formula from both parties. The reports concerning this are numerous, but this is not the place to cite them, for the purpose here is merely to draw attention to the governing principles; detailed discussion of particular issues belongs elsewhere.

One example is that the Messenger of Allah (peace and blessings be upon him) built his mosque, and the Muslims built mosques during his lifetime and after his death, yet he never instructed anyone to say, “I hereby dedicate this mosque as an endowment,” or to use any similar wording. Rather, the Prophet (peace and blessings be upon him) said, “Whoever builds a mosque for Allah, Allah will build for him a house in Paradise.” Thus, he made the ruling contingent upon the very act of building it.