What is the ruling on a sale where acceptance precedes the proposal using a request form?

General Chapter

Al-Mughni

Book of Sales

Book 12 · Issue 4 · Bab 1

Open in Qurani

Primary text

There are two views concerning a sale where the buyer requests the purchase using a request form (e.g., 'Sell me your garment'), and the seller responds with 'I sold it to you.' The first view, held by Malik and Shafi'i, states that the sale is valid. The second view, held by Abu Hanifa, states that the sale is invalid because if the request-form acceptance were delayed after the proposal, it would not validate the sale, nor does it validate the sale when it precedes it, similar to an interrogative expression. Furthermore, it is an act devoid of acceptance and thus not concluded.

Supporting text

Abu al-Khattab narrated two views regarding the case where the preceding statement uses the past tense.