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Chapter ten » Buying and selling fruit → ← Chapter ten » Conditions relating to the commodity and the payment in exchange

Chapter ten » The transaction formula (ṣīghah)

Ruling 2107. When buying and selling, it is not necessary to say a particular formula [or for it to be] in Arabic. For example, if a seller says in English, ‘I sell this property in exchange for this money’ and the buyer says, ‘I accept’, the transaction is valid. However, the buyer and the seller must have an intention to establish (qaṣd al-inshāʾ) [a contract of sale]; i.e. when they say these sentences, they must intend to buy/sell.

Ruling 2108. If at the time of the transaction the formula is not said but the seller, in exchange for the property that he takes from the buyer, makes the buyer the owner of his own property, the transaction is valid and both become owners [of the exchanged items].
Chapter ten » Buying and selling fruit → ← Chapter ten » Conditions relating to the commodity and the payment in exchange
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