The two Sahihs report that when he bought the camel from Abd Allāh ibn Umar ibn al-Khattāb, he said, “It is yours, O Abd Allāh ibn Umar,” without Ibn Umar uttering any formula of acceptance. He would give and receive gifts, and taking possession of a gift constituted its acceptance. When he slaughtered the sacrificial camels, he said, “Whoever wishes may take a portion,” even though they could have been formally divided. His statement thus constituted the offer, while taking a portion constituted acceptance. On very many occasions, he would be asked and would give, or he would give without being asked, whereupon the recipient would take what was given. The act of giving constituted the offer, and taking it constituted acceptance. He did not instruct the recipients to utter any formula, nor did he invariably address them with a prescribed verbal formula, as when he gave to those whose hearts were to be reconciled, to al-Abbās, and to others.

He also treated the display of qualities in an item for sale as equivalent to stipulating them verbally, as in the case of an animal deliberately left unmilked to make it appear more productive and other deceptively presented goods.

Moreover, transactions are of two kinds: contracts and transfers of possession. The Prophet (peace and blessings be upon him) brought them together in his words: “May Allah have mercy on a man who is easygoing when he sells, easygoing when he buys, easygoing when he pays, and easygoing when he seeks payment.” People likewise speak of selling and buying, and of taking and giving.

The purpose of contracts is to take possession and receive what is due. Contractual agreements establish the obligation and permissibility of taking possession, just as an obligation imposed by the Lawgiver does,