Umdatus Salik #1 : The Concept of Sale in Islam & The Spoken Offer and Acceptance

Introduction

The book “عـمـدة الـسـالـك و عـدّة الـنـاسـك,” translated as “The Reliance of the Traveller,” is authored by the esteemed scholar Imam Naquib Al Misri, whose real name is Shihabudeen Abi Al-Qabas Ahmad bin Naqib. Born in 702 AH and passing away in 769 AH in Egypt, his work has stood the test of time.

The title of the book can be broken down as follows:

عـمـدة (Umdat): The reliance/guide/holding on to
الـسـالـك (As-Salik): A person who is heading towards Allah
عـدّة (Uddat): Preparation
الـنـاسـك (An-Nasik): A person seeking Allah’s pleasure

Combining these terms, the book title can be interpreted as a comprehensive guide and preparation for someone who seeks to worship and attain Allah’s pleasure.

This Fiqh book focuses on the final views of Imam Al-Shafi’i and is considered a foundational text within the Shafi’i school of thought (Madhab Imam Al-Shafi’i).

The Shafi’i school is renowned for producing a significant number of scholars who are:

Mujtahid Mutlaq: Absolute independent jurists
Mujtahid Madhab: Jurists within the madhab
Specialists in Usul Fiqh (Principles of Islamic jurisprudence)
Experts in Usuluddin (Theology)
Authorities in Tafsir (Quranic exegesis)
Capable of explaining Ahadith (Prophetic traditions)

We hope that our humble effort to explain financial transactions through this book with explanations given by Ustaz Anwar Hussain will benefit our community and bring Allah’s pleasure in this world and the Hereafter.

Episode 180 – The Concept of Sale in Islam & The Spoken Offer and Acceptance

صفة البيع وعقده + الإيجاب والقبول

In this episode, Ustaz Anwar briefly introduced the Islamic principles of ‘Ibadah’ and’ Mu’amalat’. The former refers to acts of ritual worship, such as prayer or fasting, and the latter are acts involving interaction and exchange among people, such as sales and sureties.

He dived deeper into Mu’amalat, which derives from the word ‘amala’ ( عَامَلَ), which means to handle or deal with.

This book chapter discusses how the concept of sale is conducted in Islam and lays down the required conditions for a sale transaction to be considered lawful.

Ustaz Anwar also explained the definition of sale using two approaches. Linguistically, sale means to transact something for something else (مُقَابَلَةُ شَيْءٍ بِشَيْءٍ). For example, barter trade is trading goods or services between two or more parties without the use of money.

Whereas in Islamic terminology, it refers to exchanging an article of property for other property in a particular way that is legal under Islamic law (مُقَابَلَةُ مَالٍ بَمِالٍ عَلَى وَجْهٍ مَخْصُوصٍ).

There are six integral components for a lawful or valid transaction to occur, which are:

the spoken offer,
the spoken acceptance,
the seller,
the buyer,
the price
the article purchased.

The first two components (a) and (b) are what constitutes the pillar articulation (صِيغَةٌ), which refers to the spoken statements for both buying and selling, as well as the necessary conditions for fulfilling these two components.

A sale is not considered valid unless the spoken offer and acceptance are carried out.

Offer means the statement of the seller or his agent saying “I sell this book to you”, or “I make this book yours”.

Acceptance means the statement of the buyer or his agent saying “I buy this book”, or “I take possession of it”, or “I accept”.

Ustaz Anwar also explained how in sale transactions there are direct and indirect expressions of saying a statement.

The phrase “I buy this book” is a direct statement, but “I take possession of it” is indirect, which can be interpreted as acceptance.

It is permissible for the buyer’s spoken acceptance to precede the spoken offer, for example, he says “I buy this book for five dollars,” and for the seller to reply, “I sell this book to you for five dollars.”

The important thing to note is that these two components have to be carried out during the transaction.

It is also permissible for the buyer to say, “Sell it to me for so-and-so much,” and for the seller to reply, “I sell it to you.” All of these are direct, unequivocal expressions.

However, in this day and age, we normally do not carry out the spoken offer and acceptance for the transaction of inexpensive goods.

For instance, buying fish in the market and purchasing drinks from a vending machine. We will just offer cash to the cashier and receive the desired item in return.

This is a lawful form of transaction known as mu’atah, which is giving the seller the price and taking the merchandise without speaking, as when buying something whose cost is well known.

Sales can likewise be made happen, if the intention exists, by vague or equivocal expressions such as “Take it for so-and-so much,” or “I consider it yours for so-and-so much,” thereby intending a transaction with the buyer, who then accepts.

If the seller does not intend a transaction by such expressions, then the sale is nothing.

In order for a sale agreement to be valid, Ustaz Anwar also listed the conditions for fulfilling the components of articulation (صِيغَةٌ), among them; that the interval between the offer and its acceptance not be longer than the habitual or customary practice.

For instance, when a seller says “I sell my car to you for $30,000”. After a minute of silence, the buyer then said “I buy your car for $30,000”, then this is considered invalid.

The spoken offer and acceptance have to be repeated, because it gives the impression that one is averse to accepting, not merely a brief interval.

If the person is unable to speak, or is mute, then their hand signals can be viewed as direct expressions of a sale agreement. This is because a mute’s gesture is as binding as a speaker’s words.

Explanation of the texts:

Arabic Text	English translation	Notes/explanation from Ustaz Anwar
لا يصحُّ البيعُ إلا بالإيجابِ والقَبولِ، فالإيجابُ: هوَ قولُ البائعِ أوْ وكيلهِ: بعتُكَ، أوْ ملَّكتُكَ	A sale is not valid unless there is a spoken offer (by the seller) and spoken acceptance (by the buyer). Offer means the statement of the seller or his agent “I sell it to you” or “ I make it yours.”	For example, “I sell this book to you”. The spoken offer is said by the person initiating the contract or agreement. The spoken acceptance is said by the one buying the item.
والقَبولُ: هوِ قولُ المشتري أوْ وكيلهِ: اشتريتُ، أوْ تملَّكتُ، أوْ قبلتُ	Acceptance means the statement of the buyer or his agent “I buy it” or “I take possession of it” or “I accept”.	All three expressions are considered direct and explicit, and they do not hold double meanings.
ويجوزُ أنْ يتقدَّمَ لفظُ المشتري مثل أنْ يقولَ: اشتريتُ بكذا، فيقولُ: بعتكَ	It is permissible for the buyer’s acceptance to precede the offer, such as his saying, “I buy it for so-and-so much,” and for the seller to reply, “I sell it to you.”	Whether the seller or buyer says the statement first, it doesn’t matter. The transaction is still considered lawful and acceptable.
ويجوزُ أنْ يقولَ: بِعني بكذا، فيقولُ: بعتُكَ، فهذهِ صرائحُ	It is also permissible to say, “Sell it to me for so-and-so much,” and for the seller to reply, “I sell it to you.” All of these are unequivocal expressions.	Direct expressions are very clear-cut; they do not refer to implicit meanings. In sale transactions, we have explicit and implicit expressions, which are also applicable in the concept of nikah (marriage) and talaq (divorce) in Islam. In Singapore, it is not customary to carry out the spoken offer and acceptance when purchasing inexpensive items, like buying fish from the market, going to the convenience store to buy drinks, etc. Some scholars consider this as mu’atah, a lawful form of sale transaction when there is an agreement between two parties and the item is not expensive, can be bought on a daily basis.
وينعقدُ أيضاً بالكنايةِ معَ النيةِ، مثل: خذهُ بكذا، أوْ جعلتُهُ لك بكذا، وينوي بذلكَ البيعَ، فيقبلُ	Sales can likewise be effected, if the intention exists, by equivocal expressions such as “Take it for so-and-so much, ” or “I consider it yours for so-and-so much,” thereby intending a transaction with the buyer, who then accepts.	For example, some sellers want to promote their products, and it seems like they are forcing people to buy – so they bid for prices, but in the end seller says “You can take the item for $5”. This expression is indirect (implicit) as the word “take” linguistically means that the person can take the item as a gift. But since we understand that the seller intends to sell, this statement falls under indirect expression.
فإنْ لمْ ينوِ بهِ البيعَ فليسَ بشيءٍ	If one does not intend a transaction by such expressions, then the sale is nothing.	Only if the seller intends to sell the item will the sale transaction be considered lawful and valid.
ويجبُ ألا يطولَ الفصل بينَ الإيجابِ والقَبولِ عُرْفاً	It is obligatory (for the validity of the sale agreement that other conditions be met, among them): (a) that the interval between the offer and its acceptance not be longer than what is customary (the criterion being whether it gives the impression that one is averse to accepting, not merely a brief interval. Other conditions include: (b) that conversation extraneous to the agreement by either of the two parties not intervene between the offer and acceptance, even if inconsiderable, since it gives the impression of nonacceptance; (c) that the offer and its acceptance correspond, for if the offered price is one thousand, and the buyer “accepts” for five hundred, the transaction is invalid; (d) that neither the offer nor acceptance be made conditional (ta’liq) upon an event extraneous to the agreement, such as saying, “I sell it to you, should my father die”; (e) and that the sale not be subject to time stipulations (ta’qit) such as saying, “I sell it to you for a period of one month”; – because both (d) and (e) vitiate the necessary intention).	These are the required conditions for ensuring the validity of the spoken offer and acceptance. Some people say that waiting for 1 minute is longer than necessary. For instance, when a seller says “I sell my car to you for $30,000”. After a minute of silence, the buyer then said “I buy your car for $30,000”, then this is considered invalid. The spoken offer and acceptance have to be repeated, because it gives the impression that one is averse to accepting, not merely a brief interval.
وإشارةُ الأخرسِ كلفظِ الناطقِ	A mute’s gesture is as binding as a speaker’s words.	A hand signal that shows the buyer accepts the transaction is valid.

Conclusion

The first episode of this series on “Reliance of the Traveller” by Imam Naquib Al Misri covers the basics of Islamic transactions. Ustaz Anwar Hussain explains the concept of sale in Islam, detailing what it means in everyday language and in Islamic law. He highlights the key elements needed for a valid sale, such as the offer and acceptance, and the conditions that make a transaction lawful. This episode sets the stage for understanding how Islamic financial principles are applied in real-life situations, providing a foundation for future discussions on Islamic finance.

Source of Recording: https://www.spreaker.com/episode/episode-180-bab-jual-beli-fiqh-muamalat–52063318

Written by Maryam Binte Aziz and Vetted by Ustaz Anwar Hussain.