Question
Question: The buyer says to the seller, “How much is this item?” The seller says, “Such-and-such.” The buyer says, “Give it to me,” so he gives it to him, and the buyer gives him the price. Is this sale valid, bearing in mind that it occurs in significant, non-trifling items?
Answer
Answer—and Allah is the One who grants success: What appears to me is that such a sale is valid. The proof is Allah Most High’s saying, “except that it be trade by mutual consent among you” [Al-Nisāʾ:29]. Just as they say that consent is an inward matter that must be indicated by wording, here an indicator of the seller’s consent and the buyer’s consent has occurred; and the verse stipulates nothing beyond consent.
Supporting its validity as well is that Muslims have in practice operated this way; and whatever the Muslims deem good is, with Allah, good.
Moreover, what we have said is the view of Imām al-Muʾayyad Billāh and Imām al-Manṣūr Billāh (peace be upon them), as in Sharḥ al-Azhar. And I have seen from Imām al-Mahdī Muḥammad b. al-Qāsim al-Ḥūthī (peace be upon him) that the familiar contract formulas are not a condition for the validity of a sale; rather, anything that indicates consent—such as “Take it,” “Carry it off,” and the like that indicate consent—suffices.
This may also be supported by the well-known maxim: “It is obligatory to construe Muslims’ dealings and contracts as valid wherever possible.”
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2
- Website categories