rather than for the major one. The school of al-Shafi'i, may Allah have mercy on him, is that the sale is not valid except through offer and acceptance. Some of his companions adopted an opinion similar to ours. Our proof is that Allah has permitted sales without specifying its mode; therefore, it is necessary to refer to custom regarding it, just as one refers to it in matters of taking possession (qabd), protection (ihraz), and separation (tafarruq). The Muslims have practiced this in their markets and sales. Furthermore, sale existed among them and was known to them, and the Law (al-shar') merely attached rulings to it and left it as it was; thus, it is not permissible to alter it based on opinion or arbitrary imposition. It has not been transmitted from the Prophet (peace and blessings of Allah be upon him), nor from his companions, that they used offer and acceptance, despite the frequency of sales occurring among them. Had they used this in their transactions, it would have been transmitted extensively. If it were a condition, its transmission would have been mandatory, and it is inconceivable that they would have neglected it or been heedless in transmitting it. Moreover, sales are a matter of general necessity; if offer and acceptance had been a condition for it, the Prophet (peace and blessings of Allah be upon him) would have explained it through a general declaration, and its ruling would not have remained hidden, because that leads to the frequent occurrence of invalid contracts and their consumption of wealth unjustly. That has not been transmitted from the Prophet (peace and blessings of Allah be upon him), nor from any of his companions, to our knowledge. Furthermore, people have traded in their markets via mu'ata (handing over) in every era, and no objection to it from before our opponents has been transmitted, so this constitutes consensus. The same rule applies to offer and acceptance in matters of donation (hiba), gift-giving (hadiyah), and charity (sadaqah); the use of these [formal declarations] has not been transmitted from the Prophet (peace and blessings of Allah be upon him) nor from any of his companions. Gifts were given to the Messenger of Allah (peace and blessings of Allah be upon him) from Abyssinia and elsewhere, and people would seek to give their gifts on the day [dedicated to] Aishah. This is agreed upon (14). Al-Bukhari (15) narrated from Abu Hurayrah,
(14) Narrated by al-Bukhari, in: Chapter on Accepting Gifts, and Chapter on Whoever Gifts to his Companion and Seeks [the Day of] Some of His Wives Without Others, from the Book of Hiba (Donation); and in: Chapter on the Virtue of Aishah, may Allah be pleased with her, from the Book of the Virtues of the Companions. Sahih al-Bukhari 3/203-205, 5/37. And by Muslim, in: Chapter on the Virtue of Aishah, may Allah be pleased with her, from the Book of the Virtues of the Companions. Sahih Muslim 4/1891. It was also narrated by al-Tirmidhi, in: Chapter on the Virtue of Aishah, may Allah be pleased with her, from the Chapters on Merits. Aridat al-Ahwadhi 13/255. And by al-Nasa'i, in: Chapter on a Man Loving Some of His Wives More Than Others, from the Book of Dealing with Women. Al-Mujtaba 7/64. And by Imam Ahmad, in: Al-Musnad 6/293. (15) In: Chapter on Accepting Gifts, from the Book of Hiba. Sahih al-Bukhari 3/203. It was also narrated by Muslim, in: Chapter on the Prophet (peace and blessings of Allah be upon him) Accepting Gifts and Rejecting Charity, from the Book of Zakah. Sahih Muslim 2/756. And by Imam Ahmad, in: Al-Musnad 2/302, 305, 338, 406, 492.
