they have been enjoyed. Likewise, fruit cannot be sold on the trees after it has been picked, unlike food that has been moved. In this matter, the Sunnah distinguishes between those able to take possession and those unable to do so, both regarding liability for loss and the right to dispose of the property. The scholars of Medina therefore follow the Sunnah more closely in this entire ruling, and their position is more balanced than that of those who oppose the Sunnah.

There are many comparable examples, such as the sale of property not present for inspection. Some jurists permit its sale unconditionally, even without a description, while others prohibit its sale even with a description. Mālik permits its sale with a description, but not without one. This is the more balanced position.

Regarding contracts, some require verbal declarations, offer and acceptance in succession, and similar conditions. The scholars of Medina, however, make people’s customs and established practices the reference point for contracts. Whatever people regard as a sale is a sale; whatever they regard as a lease is a lease; and whatever they regard as a gift is a gift. This accords more closely with the Quran and Sunnah and is more balanced.

Some terms have definitions established by language, such as the sun and moon. Others have definitions established by Islamic law, such as prayer and pilgrimage. Still others have no fixed definition in either language or Islamic law, but are instead determined by custom, such as taking possession. It is well known that the Lawgiver has not defined the terms sale, lease, and gift in this regard, nor do they have fixed linguistic definitions. Rather, their application varies