✍ Written by: Imran Ayub Lahori
The word بیوع is the plural of بیع, which comes from the root بَاعَ يَبيعُ (similar to ضرب) and means "to sell, to trade," and in some contexts, also "to buy."
Evidence includes:
➊ "Allah has permitted trade."
[البقرة: 275]
➋ "And take witnesses when you make a sale."
[البقرة: 282]
➌ "There is no sin upon you that you seek bounty from your Lord."
[البقرة: 198]
➍ "When the prayer is concluded, disperse in the land and seek the bounty of Allah."
[الجمعة: 10]
➎ Narrated by Rifa‘ah bin Rafi‘ (RA):
When asked about the purest earning, the Prophet ﷺ said:
"A man’s work with his own hands and every honest sale."
[Bazzar: 1257, 1258; Hakim: 2/20; Ahmad: 4/141; Tabarani: 4/276 – Authenticated by Sheikh Muhammad Subhi Hallaq in his commentary on Sabil al-Salam: 5/8]
➊ Allah ﷻ says:
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ إِلَّا أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْ
"O you who have believed, do not consume one another’s wealth unjustly, except when it is a trade conducted by mutual consent."
[النساء: 29]
➋ Narrated by Ibn ‘Abbas (RA):
"The wealth of a Muslim is not lawful except with his willing consent."
[Hasan: Irwa’ al-Ghalil: 5/285, Bayhaqi: 6/97]
➌ The Prophet ﷺ said:
"Indeed, sale is only through mutual consent."
[Sahih: Irwa’ al-Ghalil: 1283, Ibn Majah: 2185]
Allah ﷻ requires mutual agreement and heartfelt willingness from both parties for property to transfer from one owner to another, regardless of whether that agreement is expressed verbally, by gesture, or in writing. Once this is present, and the seller and buyer part from the meeting while both are pleased, the sale is valid—provided the item being sold is something whose trade is permissible.
[السيل الجرار: 3/6]
Linguistic Explanation
The word بیوع is the plural of بیع, which comes from the root بَاعَ يَبيعُ (similar to ضرب) and means "to sell, to trade," and in some contexts, also "to buy."
- باب بَايَعَ and تَبَايَعَ (مفاعلة, تفاعل) mean "mutual buying and selling."
- باب اِبْتَاعَ (افتعال) means "to buy."
- باب أَبَاعَ (إفعال) means "to offer for sale."
- بائع and بيع mean "seller."
- مشتری and شارٍ mean "buyer."
[المنجد: p. 81, القاموس: p. 634]
Shar‘i Definition
- Ibn Qudamah رحمه الله: The exchange of one’s property to transfer it into another’s ownership in return for their property.
[المغنى: 3/559] - Imam Nawawi رحمه الله: Exchanging property for property with the intention of transferring ownership.
[مغني المحتاج: 2/2]
Legitimacy of Sale
Evidence includes:
➊ "Allah has permitted trade."
[البقرة: 275]
➋ "And take witnesses when you make a sale."
[البقرة: 282]
➌ "There is no sin upon you that you seek bounty from your Lord."
[البقرة: 198]
➍ "When the prayer is concluded, disperse in the land and seek the bounty of Allah."
[الجمعة: 10]
Hadith Evidence
➎ Narrated by Rifa‘ah bin Rafi‘ (RA):
When asked about the purest earning, the Prophet ﷺ said:
"A man’s work with his own hands and every honest sale."
[Bazzar: 1257, 1258; Hakim: 2/20; Ahmad: 4/141; Tabarani: 4/276 – Authenticated by Sheikh Muhammad Subhi Hallaq in his commentary on Sabil al-Salam: 5/8]
Mutual Consent in Sale
➊ Allah ﷻ says:
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ إِلَّا أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْ
"O you who have believed, do not consume one another’s wealth unjustly, except when it is a trade conducted by mutual consent."
[النساء: 29]
➋ Narrated by Ibn ‘Abbas (RA):
"The wealth of a Muslim is not lawful except with his willing consent."
[Hasan: Irwa’ al-Ghalil: 5/285, Bayhaqi: 6/97]
➌ The Prophet ﷺ said:
"Indeed, sale is only through mutual consent."
[Sahih: Irwa’ al-Ghalil: 1283, Ibn Majah: 2185]
Conclusion
Allah ﷻ requires mutual agreement and heartfelt willingness from both parties for property to transfer from one owner to another, regardless of whether that agreement is expressed verbally, by gesture, or in writing. Once this is present, and the seller and buyer part from the meeting while both are pleased, the sale is valid—provided the item being sold is something whose trade is permissible.
[السيل الجرار: 3/6]
