Explanation of the author's statement: "And it is the verbal form, and by mutual exchange, which is the practical form"
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The Shaykh : Then the author said, "And it is the verbal form". This means the form of the offer and acceptance, the verbal form. This indicates that there is a non-verbal form, and indeed there is. He mentioned it in his statement, "and by mutual exchange, which is the practical form". Mutual exchange means each party gives to the other without speech. This is the practical form.
So the contract has two forms: verbal and practical. The verbal form is the offer and acceptance. The practical form... what is it?
The questioner : ... .
The Shaykh : Yes, I don't want you to look at the fan. What is the practical form?
The questioner : Mutual exchange.
The Shaykh : Mutual exchange. Mutual exchange has three forms: it can be mutual exchange from both sides, mutual exchange from the seller, or mutual exchange from the buyer. An example of mutual exchange from both sides is if there are, for instance, medicines here whose price has been written and a container for the price placed next to them. The buyer comes and puts the price of this medicine in the price container and takes the medicine. What is this? Mutual exchange from both sides. Neither of them spoke; he placed the price in its place and took the item sold. This is mutual exchange from both sides.
Mutual exchange from the seller. He said, "Give me bread for this dirham," and the seller took the bag of bread. How many dirhams is it?
The questioner : Four.
The Shaykh : Four. He took the bag containing four and gave it to him. Whose mutual exchange is this?
The questioner : The seller's.
The Shaykh : The seller's. The buyer said, "Give me bread for this dirham." Conversely, it would be mutual exchange from the buyer. The seller said, "Take this book for ten," and the buyer took it but did not say "I accept." However, he gave him ten. Whose mutual exchange is this?
The questioner : The buyer's.
The Shaykh : The buyer's. The seller estimated the price and obligated it, saying, "I sold you this book for ten," or "Take this book for ten." He took it and did not speak, and gave him the ten. This indicates to us that the matter of transactions is easy; it is referred back to what people have agreed upon by custom. All people have agreed that this mutual exchange is a contract, or is it not a contract?
The questioner : A contract.
The Shaykh : A contract. They see it as a clear contract. The summary of the lesson is that the sales contract has two forms: verbal and practical. The verbal form is the offer and acceptance. The offer is the word issued by the seller or by one who acts in his place, and the acceptance is the word issued by the buyer or by one who acts in his place. You have learned the conditions of acceptance. As for the second form, it is the practical form, which is mutual exchange. The commentator provided a reason that we should understand. He said, "Because there is no specific ritual requirement in it," because there is no ritual requirement regarding the form. Whatever indicates a contract is a contract. Is that right, Sa'd?
The questioner : ... .
The Shaykh : So whatever indicates a contract is a contract. Yes?
The questioner : Shaykh, may Allah bless you. Is it obligatory or required that the seller or the buyer be the one contracting?
The Shaykh : The conditions have not been mentioned yet, may Allah bless you. There are seven conditions.
The questioner : ... .
The Shaykh : Except... the seven conditions will come, if Allah wills.
So the contract has two forms: verbal and practical. The verbal form is the offer and acceptance. The practical form... what is it?
The questioner : ... .
The Shaykh : Yes, I don't want you to look at the fan. What is the practical form?
The questioner : Mutual exchange.
The Shaykh : Mutual exchange. Mutual exchange has three forms: it can be mutual exchange from both sides, mutual exchange from the seller, or mutual exchange from the buyer. An example of mutual exchange from both sides is if there are, for instance, medicines here whose price has been written and a container for the price placed next to them. The buyer comes and puts the price of this medicine in the price container and takes the medicine. What is this? Mutual exchange from both sides. Neither of them spoke; he placed the price in its place and took the item sold. This is mutual exchange from both sides.
Mutual exchange from the seller. He said, "Give me bread for this dirham," and the seller took the bag of bread. How many dirhams is it?
The questioner : Four.
The Shaykh : Four. He took the bag containing four and gave it to him. Whose mutual exchange is this?
The questioner : The seller's.
The Shaykh : The seller's. The buyer said, "Give me bread for this dirham." Conversely, it would be mutual exchange from the buyer. The seller said, "Take this book for ten," and the buyer took it but did not say "I accept." However, he gave him ten. Whose mutual exchange is this?
The questioner : The buyer's.
The Shaykh : The buyer's. The seller estimated the price and obligated it, saying, "I sold you this book for ten," or "Take this book for ten." He took it and did not speak, and gave him the ten. This indicates to us that the matter of transactions is easy; it is referred back to what people have agreed upon by custom. All people have agreed that this mutual exchange is a contract, or is it not a contract?
The questioner : A contract.
The Shaykh : A contract. They see it as a clear contract. The summary of the lesson is that the sales contract has two forms: verbal and practical. The verbal form is the offer and acceptance. The offer is the word issued by the seller or by one who acts in his place, and the acceptance is the word issued by the buyer or by one who acts in his place. You have learned the conditions of acceptance. As for the second form, it is the practical form, which is mutual exchange. The commentator provided a reason that we should understand. He said, "Because there is no specific ritual requirement in it," because there is no ritual requirement regarding the form. Whatever indicates a contract is a contract. Is that right, Sa'd?
The questioner : ... .
The Shaykh : So whatever indicates a contract is a contract. Yes?
The questioner : Shaykh, may Allah bless you. Is it obligatory or required that the seller or the buyer be the one contracting?
The Shaykh : The conditions have not been mentioned yet, may Allah bless you. There are seven conditions.
The questioner : ... .
The Shaykh : Except... the seven conditions will come, if Allah wills.