in many [narrations] besides these. The Muslims have reached a consensus on the permissibility of sale in general, and reason dictates it, for a person's need relates to what is in the hand of his counterpart, and his counterpart does not relinquish it without compensation. Thus, the legislation of sale and its authorization is a way for each of them to attain his goal and satisfy his need.

Section: Sale is of two types. The first is offer and acceptance. The offer is to say: "I have sold to you," or "I have transferred ownership to you," or any expression that indicates both. Acceptance is to say: "I have bought," or "I have accepted," and the like. If the acceptance precedes the offer using the past tense—by saying: "I have purchased from you," and the other responds: "I have sold to you"—it is valid, because the language of offer and acceptance was found from both of them in a manner that produces an indication of their mutual consent, so it is valid, just as if the offer had preceded it. If it precedes using the request form—by saying: "Sell me your garment," and the other responds: "I have sold to you"—there are two narrations [in our school]. The first is that it is valid, which is the opinion of Malik and al-Shafi'i. The second is that it is not valid, which is the opinion of Abu Hanifah, because if it were to come after the offer, the sale would not be valid through it; therefore, it is not valid when it precedes it, similar to the interrogative form. Also, it is a contract devoid of acceptance, so it does not conclude, just as if he had not made the request. Abu al-Khattab narrated two opinions regarding the case where it precedes using the past tense. However, if it precedes using the interrogative form, such as saying: "Will you sell me your garment for such and such?" and the other says: "I have sold to you," it is not valid under any circumstances. Ahmad stated this explicitly, and Abu Hanifah and al-Shafi'i hold this view. We know of no disagreement from others regarding them, because that is neither an acceptance nor a solicitation. The second type is al-mu'ata (transaction by exchange/handing over), such as saying: "Give me bread for this dinar," and he gives him what satisfies him; or saying: "Take this garment for a dinar," and he takes it. This is a valid sale. Ahmad stated this explicitly regarding someone who said to a baker: "How do you sell the bread?" He said: "Such and such for a dirham." He replied: "Weigh it and give it as charity." So when he weighs it, it is upon him. Malik's opinion is similar to this, as he said: "The sale occurs through what people consider to be a sale." Some Hanafis said: "It is valid for trivial items." Something similar was narrated from al-Qadi, who said: "It is valid for minor things."