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Since the hadith admits of this interpretation, no distinction can validly be drawn between a sale contract and other contracts that become binding through verbal agreement, except on the basis of an explicit text admitting no other interpretation. No such text exists in the matter before us. Rather, the apparent meaning of the Quran, together with established prophetic traditions and transmitted reports, indicates that ownership of the property sold passes upon completion of the verbal agreement of sale on the terms mutually accepted by the parties, even if they have not physically separated. Allah, Mighty and Majestic, says:

“O you who believe, do not consume one another’s wealth unjustly, but only through trade by mutual consent.” [Al-Nisā’: 29]

Thus, the Most High describes the trade through which ownership passes solely in terms of mutual consent, without requiring physical separation. The Messenger of Allah, may Allah bless him and grant him peace, said: “Whoever buys food must not sell it until he has received it in full.” Its apparent meaning applies both before and after separation, since he permitted its sale after receipt in full without making that conditional upon separation. He also said: “If the two parties to a sale disagree, the seller’s account is accepted, or they undo the sale.” According to the apparent meaning of the hadith, this applies equally whether their disagreement occurs before or after separation. Undoing the sale can only take place after the sale has been concluded. Mālik—may Allah have mercy on him—placed this hadith in his Muwattaʾ immediately after the hadith, “The two parties to a sale have the option of withdrawal,” precisely to interpret it and clarify its meaning.

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As for the claim that the hadith, “The two parties to a sale have the option of withdrawal,” was abrogated by the hadith of Ibn Masʿūd—may Allah be pleased with him—“If the two parties to a sale disagree, the seller’s account is accepted, or they undo the sale,” and by other reports with similar apparent implications, this is not sound. Abrogation applies only where reports conflict and cannot be reconciled. These two hadiths can be reconciled by understanding the separation mentioned in the hadith as either physical separation or separation through speech. Rather, its abrogation is inferred