Ibn al-Murahhal said:
“I withdraw that objection. However, I maintain that its general scope is intended to cover everything called a sale in Islamic law. For ‘sale’ is among the terms assigned new meanings, denoting every sale valid under Islamic law.”
Shaykh Taqī al-Dīn said:
“‘Sale’ is not among the terms assigned new meanings. What it denotes in Islamic law and customary usage is what it denotes linguistically. The Lawgiver has, however, stipulated conditions for its permissibility and validity, just as the people of the pre-Islamic era also had conditions according to their own conventions. The same applies to all other names of contracts, such as lease, pledge, gift, loan, and marriage—when the contract is meant—and others: they retain their original meanings.
“Assigning new meanings to terms is needed only when the Lawgiver introduces concepts previously unknown to the Arabs, such as prayer, zakah, and dry purification. It is then that such a reassignment is needed. The meanings of these contracts, however, have always been known.”
Ibn al-Murahhal said:
“The scholars of my school have said that these terms have been assigned new meanings.”
Shaykh Taqī al-Dīn said:
“If the word ‘sale’ in the verse meant a sale valid under Islamic law, the meaning would be: ‘Allah has permitted sales valid under Islamic law,’ or ‘Allah has permitted sales that are lawful in His sight.’ Besides being repetitive, this would preclude using the verse as evidence. For we cannot know that any particular sale falls within the verse’s scope until we know that it is valid under Islamic law. Once we know that, we no longer need to cite the verse as evidence.”