Question 714) - What is Bay' [trade]?

A: An exchange of a commodity for a commodity with the happy consent of the transacting parties.

Question 715) - How is a transaction contracted?

A: It is contracted by offer and acceptance when both speak in the past tense e.g. one says, "I have sold", and the
other says, "I have bought."

Question 716) - When one party has made an offer, does it become binding on the other party?
A: No. When one offers, the other has a choice. He may accept it in the same Majlis [sitting, gathering] or reject it.
Once the second party accepts it, it becomes binding. Neither then has a choice.

Question 717) - Why have you mentioned accepting in the gathering?

A: When an offer has been made and either moves from the gathering before the acceptance then the offer is void.

Question 718) - Once the transaction has been completed, does the buyer have any further options?
A: Yes, if a defect becomes apparent in the goods he bought he has a choice. He may return then or he may take
them. The buyer has the same option of returning or accepting as long as he did not see the goods.

Question 719) - Is a transaction valid with deferred payment?

A: Transactions are valid with immediate payment and deferred payment if the period has been defined.

Question 720) - A man sold goods. He pointed at it and did not declare the quantity, weight or measure. Or two men
bartered goods and did not declare the quantity, weight or measure but each pointed at his goods. Are these two
transactions valid?
A: Both are valid. Pointing out the goods or price does not require further defining for the validity of the transaction.
Pointing out something is the most exact form of defining something.

Question 721) - What is the ruling if the price was undefined in terms of amount and type of currency?
A: If the buyer said for example, "l have bought from you for silver/gold/Dirham /Dinar/wheat," and did not specify the
amount or type, then the transaction is not valid. For the validity of the transaction the amount must be mentioned e.g.

"I bought from you for X amount of Dirham." The description must also be mentioned, e.g. "Egyptian/Syrian;
Pure/Alloyed."

Question 722) - If only the description of the price was not given, e.g. he said, "I sell you this for 10 Dirham," and in
the city there are several descriptions of money used, is the transaction valid if the buyer accepted?
A: Yes, the money will be defined as the one the people most commonly use in the city.

Question 723) - The Dirham was left undefined and there are different kinds in terms of monetary value. Will the
transaction be valid?
A: The transaction is incorrect unless one was defined and the amount is known.

Question 724) - Is a sale of food and seeds in measure or amount valid?

A: It is permissible to sell it for Dirham/Dinar/currency/seeds. However, it is not allowed to sell a quantity of food for
food of the same type because of the possibility of Riba [interest].

Question 725) - A man said, "I am selling you this wheat to the extent that it fills this container." The buyer accepts
although he does not know the exact amount the container can hold. Is this valid?
A: The sale of the specified container is valid even if he does not know the exact amount it will contain.

Question 726) - If he buys equal to the weight of a specific stone, whose weight he does not know, what is the ruling?
A: That is also permissible.

Question 727) - A man bought a basket of food, each Qafiz [a dry measure] for a Dirham. Is the transaction valid?
A: The transaction is only valid for 1 Qafiz and invalid for the rest, unless the total Qafiz had been stipulated. This is
according to Imaam Abu Hanifa RAH. His two companions say that it is valid in both cases, whether the total had
been mentioned or not.

Question 728) - What is the ruling of Imaam Abu Hanfia RAH. if someone sold a flock of sheep and said, "A Dirham
per sheep.?
A: The entire transaction is incorrect according to him. His two companions say that it is correct in all.

Question 729) - What did Imaam Abu Hanifa RAH. say about selling cloth for a Dirham per arm span and the total
length had not been mentioned?
A: The transaction is incorrect in total as well as per arm-span.

Question 730) - What do you say about someone who sold a basket of 100 Qafiz of food for 100 Dirham, the buyer
then discovers that it is less then 100 Qafiz?
A: The buyer can either cancel the sale or pay the proportionate amount only.

Question 731) - What is the ruling if he found it to be more then 100 Qafiz?
A: The extra amount must be returned to the seller.

Question 732) - A man bought a 10 arm-span cloth for 10 Dirham; or he bought a 100 arm-span land for 100 Dirham.
He then found the cloth or the land to be less than what the seller claimed. What is the ruling?
A: The buyer can either take it at the full price or cancel the sale.

Question 733) - If he finds it to be more then what the seller claimed?

A: The cloth or the land is for the buyer at the stipulated price. The seller has no choice.

Question 734) - What do you say if the seller had to say, "I am selling you this which is 100 arm-spans for 100
Dirham, each arm-span for a Dirham," and the item turns out to be more than that or less?
A: The buyer has a choice if it is less. He can take the item at the proportionate price or he can cancel the sate. If it is
more then his choice is to take the total at a price of a Dirham per arm-span or he can cancel the sale.

Question 735) - A seller says, "l am selling you this bundle of 10 cloths for 100 Dirham. Each cloth is 10 Dirham."
What is the ruling if they are more or less than 10?
A: If it is less then the sale is valid at the proportionate price. If it is more then the sale is Fasid [invalid].

Question 736) - A man sold a house and did not mention anything else. What else is included in the term "House"?
A: When a house is sold, it includes the courtyard, the building, the keys and locks, even if they were not specifically
mentioned.

Question 737) - What do you say about the sale of a land which has trees on it?
A: The trees are included in the sale, whether they were mentioned or not.

Question 738) - What is the ruling if the land with crops was sold, but the crops were not mentioned?
A: The crops are not included in the sale of the land, unless otherwise stipulated.

Question 739) - Someone sold a date-tree or other fruit-tree. Who owns the fruit?
A: The seller keeps the fruit, unless the buyer had stipulated otherwise. The seller must cut off his fruit and hand the
tree over to the buyer.

Question 740) - Is it permissible to buy unripe fruit which is still on the tree?
A: It is permissible to sell fruit which is on the tree - whether ripe or unripe - but the seller must immediately cut them
off.

Question 741) - What is the ruling if a condition of leaving the fruit on the tree was made?
A: The sale in Fasid.

Question 742) - If the fruit was on the tree and was sold except for a specified Ritl [weight], what is the ruling?
A: The sale is Fasid.

Question 743) - Is the sale of wheat in its sheathe and beans in its pods permissible?
A: It is allowed if sold for something of a different type. If sold for the same thing then it is not permissible due to the
possibility of Riba [usury].

Question 744) - Something was sold by weight or measured dimensions. It was so much that a measurer/scale had to
be hired. Who bears the hiring fees?
A: The seller.*
* Just as if a professional counter had to be hired.

Question 745) - The buyer offered Dirham/Dinar. The seller needed other currency and had it changed. who bears the
exchange fee?
A: The seller.*
* The buyer according to the narration of Ibn sima,ah from Muhammed.

Question 746) - The Dirham or Dinar were many and needed to be weighed. Who bears the fees of the weighing?
A: The buyer.

Question 747) - Is it wajib to give the goods first, or is it wajib upon the buyer to pay first?
A: If paid for with money then the buyer must pay first. If goods are exchanged for goods or one currency for another,
then they should exchange it simultaneously.