Copyright 2008, Shaykh Faraz Rabbani

In the Name of Allah, the Benevolent, the Merciful

Book of Sales
A sale is effected by offer (ijab) and acceptance (qabul) by words indicating the past--such as
I have purchased or I have sold--and with all words indicating this [f: definite] meaning.
Sales are also affected by non-verbal exchange (ta`ati).
If one party makes an offer, the other has the choice of either accepting or rejecting.
If either party gets up before the acceptance, the offer is nullified.
Once the offer and acceptance take place, the sale is binding, without the option of cancelling
in the majlis (khiyar al-qabul).
It is necessary to know the item of sale (mabi`) in a way that lifts non-definition (jahala).
It is necessary to know the amount of the price (thaman) and its characteristic, if it is due. If
the price amount is mentioned without definition, it is considered to refer to the predominant
currency of that land.
It is permitted to sell items sold by volume or weight by either volume, weight, or without
measure.
If someone buys a pile of food, with each unit (qafiz) for one dirham, this is valid only for
one unit.
Whoever buys a collection of sheep, with each sheep for a dirham, this isnt valid even for
one sheep. Cloth is like sheep.
However, if one mentioned the total number of units or sheep or length, then it is valid for the
whole amount.
Whoever sells a property (dar), the keys and building is considered to be included [without
mention]. The same applies to trees in the sale of land.
It is permitted to sell fruits before theyre ripe. They have to be cut immediately. If it is
contractually stipulated that they remain on the tree, that corrupts the sale.
It is not permitted to sell fruit and to exclude a specified amount from them.
It is permitted to sell wheat in its stalk and beans in their pods.
It is permitted to sell and gift a path--but not the water channel (maseel).
Whoever buys an item (sil`a) for a monetary price makes the payment first--unless the price
is deferred. If an exchange of items or money, theyre exchanged at the same time.

Transferrable goods (al-manqul) cannot be sold before possession (qabd).

It is permitted to sell property (`aqar) before possession.
It is permitted to transact in the price (thaman) before possession.
It is permitted to increase the price or the items of sale--and likewise to reduce the price--and
these adjust the original contract.
It is valid to make an immediate sale and then to defer it.
[...]
It is valid to sell dogs, foxes, and predatory animals--whether trained or nor.
Non-Muslims (ahl al-dhimma) are like Muslims in trade matters. It is permitted for them to
sell wine and pigs.
The sale of a mute person is valid, and likewise other contracts, with understood signs.
The buying and selling of a blind person is valid--and they have the option to cancel. This
option ends by feeling the item of sale, or smelling it, or tasting it--and in property, after it is
described to them.