Introduction<\/h2>\n\n\n\n
With the Book of Sales (Kitab al-Buyu’), Imam al-Nawawi (631\u2013676 AH \/ 1233\u20131277 CE) opens the second part of the Minhaj, the part devoted to transactions (mu’amalat). Where the first part regulated the relationship between the servant and God, this part regulates dealings between people. It begins with sale because sale is the most common and most basic of all contracts, and many of the later books in this part rely on its principles.<\/p>\n\n\n\n
The Qur’an states that God has permitted trade and forbidden usury, and the book takes this verse as its starting point. This article follows the main themes in the general order of the book.<\/p>\n\n\n\n
1. The pillars of a sale<\/h2>\n\n\n\n
A sale has three essential elements, each with its own conditions:<\/p>\n\n\n\n
- \n
- The wording (sighah): an offer (ijab) and an acceptance (qabul) that express mutual consent, with continuity between them and agreement in meaning.<\/li>\n\n\n\n
- The two contracting parties: each must be competent to deal in property, meaning mature, sane, and acting by choice.<\/li>\n\n\n\n
- The subject matter: the goods and the price.<\/li>\n<\/ol>\n\n\n\n
On the wording, the school has a well-known discussion about exchange by conduct without speech (mu’atah), such as paying and taking an ordinary item in the market. The position adopted in the Minhaj is that a spoken offer and acceptance is required, whereas other works by al-Nawawi and later Shafi’i authorities accept exchange by conduct for small everyday purchases, following common practice. Readers should be aware that the school’s later position was shaped by this distinction.<\/p>\n\n\n\n
2. Conditions of the goods and price<\/h2>\n\n\n\n
The item sold must meet several conditions for the sale to be valid:<\/p>\n\n\n\n
- \n
- It must be pure, or capable of being purified, and so the sale of impure things such as carrion or wine is invalid.<\/li>\n\n\n\n
- It must have a lawful benefit, so that something with no usefulness cannot be sold.<\/li>\n\n\n\n
- The seller must be able to deliver it, so the sale of a runaway animal or a bird in the air is invalid.<\/li>\n\n\n\n
- It must be owned by the seller or sold on behalf of the owner with authority.<\/li>\n\n\n\n
- It must be known to the two parties, by sight, description, or measure.<\/li>\n<\/ul>\n\n\n\n
These conditions overlap with the prohibition of gharar, uncertainty in the subject matter of a contract, which the school treats as a general principle.<\/p>\n\n\n\n
3. Forbidden sales<\/h2>\n\n\n\n
![\"Forbidden](\"https:\/\/lslam.info\/wp-content\/uploads\/2026\/11\/2.-Gemini_Generated_Image_kf8znnkf8znnkf8z-1024x559.jpg\")
<\/figure>\n\n\n\nAl-Nawawi lists several forms of sale that are prohibited or invalid, including:<\/p>\n\n\n\n
- \n
- Selling what one does not own or cannot deliver.<\/li>\n\n\n\n
- Two sales in one, where the terms are not fixed.<\/li>\n\n\n\n
- A sale conditional on something not required by the contract and that conflicts with its nature.<\/li>\n\n\n\n
- Selling a fruit or crop before its beneficial qualities have appeared, except on the condition that it will be picked at once.<\/li>\n\n\n\n
- Practices that harm others in the market, such as bidding up the price without intent to buy (najsh) or hoarding food in times of need.<\/li>\n<\/ul>\n\n\n\n
The book is careful to separate sales that are invalid from those that are only disliked, a distinction with practical consequences.<\/p>\n\n\n\n
4. Usury (riba)<\/h2>\n\n\n\n
The prohibition of riba is among the weightiest topics in the book. The school identifies three types:<\/p>\n\n\n\n
- \n
- Riba al-fadl: excess in exchange of the same kind of commodity.<\/li>\n\n\n\n
- Riba al-yad: separation of the two parties before taking possession in an exchange where it is required.<\/li>\n\n\n\n
- Riba al-nasa’: delay in exchange of commodities that must be exchanged on the spot.<\/li>\n<\/ol>\n\n\n\n
The rules apply to gold and silver, and to foodstuffs. For gold and silver, the cause of the prohibition in the Shafi’i school is that they serve as the basic medium of price. For foodstuffs, it is that they are edible. The book explains that when two items of the same kind are exchanged, they must be equal in amount and exchanged hand to hand, while items of different kinds within the same class may differ in amount but must still be exchanged hand to hand. Where the classes differ entirely, these restrictions do not apply.<\/p>\n\n\n\n
5. Options in sales (khiyar)<\/h2>\n\n\n\n
The law of sale gives each party certain rights to cancel in specific circumstances. Al-Nawawi describes several:<\/p>\n\n\n\n
- \n
- The option of the session (khiyar al-majlis): both parties may cancel as long as they have not physically separated.<\/li>\n\n\n\n
- The option of stipulation (khiyar al-shart): a right to cancel within an agreed period, up to three days.<\/li>\n\n\n\n
- The option of defect (khiyar al-‘ayb): a right to return the goods if a hidden defect is found.<\/li>\n<\/ul>\n\n\n\n
The book discusses what happens if a party dies during the option, how defects are defined, and when the right to return is lost, such as after a use that signals acceptance.<\/p>\n\n\n\n
6. Delivery and risk<\/h2>\n\n\n\n
A central rule concerns possession (qabd) and the transfer of risk. In the Shafi’i school, a buyer may not sell goods onward before taking possession of them, because of the uncertainty and the risk that remains with the seller. The book explains what counts as possession for different types of goods, and which party bears the loss if goods are destroyed before delivery.<\/p>\n\n\n\n
7. Types of price-based sales<\/h2>\n\n\n\n
Al-Nawawi addresses sales that are defined by their price terms. These include sales at cost (tawliyah), sales with a disclosed profit (murabahah), and sales at a loss, all of which require the seller to state the cost truthfully. A false statement gives the buyer a right to correct the price.<\/p>\n\n\n\n
He also treats the sale of a debt, sale by installments, and the rule that if the seller and buyer disagree about the price or the goods, both swear oaths and the contract may be cancelled (tahalluf).<\/p>\n\n\n\n
8. The forward sale (salam)<\/h2>\n\n\n\n
The book includes a dedicated section on salam, a sale in which the price is paid in advance and the goods are delivered later. It is permitted by the sunnah as an exception to the rule against selling what is not present, subject to strict conditions: the goods must be clearly described in type, quality, and quantity, the delivery term must be specified, and the price must be handed over in the session. The school has detailed conditions for what may be the object of salam and what may not.<\/p>\n\n\n\n
9. The exception of ‘araya<\/h2>\n\n\n\n
The book also notes the narrowly defined exception for ‘araya, the sale of fresh dates still on the tree for dry dates, in limited quantities, to relieve a specific need. It is a good example of how the school pairs a general prohibition with a restricted allowance transmitted from the Prophet.<\/p>\n\n\n\n
Why the order matters<\/p>\n\n\n\n
The structure of the book moves from the foundations to the details. It begins with the pillars and conditions, which define a valid sale. It then lists what is forbidden, before the major prohibition of riba. It ends with the options and mechanisms that give flexibility and fairness: cancellation rights, price-based sales, and special contracts such as salam. A reader who follows this order sees the underlying logic: a sale is valid when there is genuine consent, clear and deliverable goods, and no exploitation.<\/p>\n\n\n\n
Closing reflection<\/h2>\n\n\n\n
For al-Nawawi, the law of sale is a practical ethic. Its technical rules aim at three things the tradition cares about deeply: consent without coercion, clarity that prevents disputes, and equity that prevents exploitation. This is why a book that appears to be about commerce belongs in a work of worship: honest dealing is itself an act of obedience.<\/p>\n\n\n\n
Note: This article summarizes the general Shafi’i position as presented in Minhaj al-Talibin. Details, including the status of exchange by conduct, can vary between al-Nawawi’s works, editions, and commentaries. Modern financial arrangements require qualified guidance, so readers who need a precise ruling should consult a qualified teacher or scholar.<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
Part 2: Transactions (Mu\u2019amalat) – Sales (Buyu\u2019), including options (khiyar), usury (riba), and forward sale (salam) Part of a series<\/p>\n","protected":false},"author":1,"featured_media":147,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","video_url":"","footnotes":""},"categories":[10],"tags":[12,15,31,14,33,29,27,32],"class_list":["post-146","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-part-2-transactions-muamalat","tag-fiqh","tag-imam-al-nawawi","tag-khiyar","tag-minhaj-al-thalibin","tag-orward-sale-salam","tag-sales","tag-transactions-muamalat","tag-usury-riba"],"_links":{"self":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/146","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/comments?post=146"}],"version-history":[{"count":2,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/146\/revisions"}],"predecessor-version":[{"id":162,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/146\/revisions\/162"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/media\/147"}],"wp:attachment":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/media?parent=146"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/categories?post=146"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/tags?post=146"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}