Ibn al-Murahhal said:

“Once it is established that a particular transaction is called a sale in the linguistic sense, I say: It is a sale in Islamic law, since the presumption is that the term has not been assigned a new meaning. Since it is a sale in Islamic law, it falls within the verse’s scope.”

Shaykh Taqī al-Dīn said:

“This would hold only if it had not been established that the term has been assigned a new meaning. But once that has been established, no particular instance can be included under it until it is established that the term, in its new meaning, applies to that instance.

“Otherwise, this would entail that anything referred to linguistically by the terms ‘prayer,’ ‘zakah,’ ‘dry purification,’ ‘fasting,’ ‘sale,’ ‘lease,’ or ‘pledge’ could, on this basis, be included within what those terms denote in Islamic law. On that assumption, no distinction would remain between terms assigned new meanings and those that have not been.

“The presumption that a term has not been assigned a new meaning applies only when such a reassignment has not been established. Once it has been established, however, the presumption is that a particular instance does not fall under the term in its new meaning until its inclusion under that meaning is established.”