What is the definition of a sale (Bay')?
General Chapter
Al-Mughni
Book of Sales
Primary text
The sale (Bay') is the exchange of money for money, involving transfer of ownership (tamleek) and acquisition of ownership. Its derivation is from 'Ba'a' (arm/reach), because each party extends their reach for taking and giving. It is also plausible that each contracting party shook hands (musafaha) with the other during the transaction, which is why the sale is called 'safqah' (a clap/deal). The consensus is that the sale is permissible based on the Book (Quran), the Sunnah (Prophetic tradition), and consensus (Ijma'). Evidence from the Quran includes the verse: 'And Allah has made trade lawful' (Quran 2:275), and 'And call to witness two just men among you' (Quran 2:282). Furthermore, 'unless it be a trade by mutual consent from among you' (Quran 4:29) and 'There is no blame upon you for seeking bounty from your Lord' (Quran 2:198) affirm its permissibility.
Supporting text
Some scholars define it strictly as offer (ijab) and acceptance (qabul) that involves two specified items for the purpose of transfer of ownership. This definition is considered deficient because it excludes the transaction of Mu'atah (mutual handing over without explicit verbal offer/acceptance) and includes other contracts besides sale.