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Overview
Taʿati in sale is when the buyer takes the goods and gives the price, or the seller hands over the goods and the other gives the price, without speech or gesture; it occurs in sale and other exchanges. 1
Ruling
The jurists differ on whether a sale by exchange is valid: the Hanafis, Malikis and Hanbalis allow it, and so does one Shafii view; the Shafii school requires the spoken formula. A third Shafii view allows exchange in trifling things. 1 Two forms: the first without any speech or gesture, lawful for the Hanafis, Malikis and Hanbalis, and an-Nawawi preferred its lawfulness against his school; the second with one party's speech and the handing over, an exchange for the Malikis and Hanbalis, which the Hanafis do not count as exchange. 1
The arguments for allowing it
Ibn Qudama argues that God allowed sale without stating its form, so custom decides, as for receiving and taking possession; the Companions did not use offer and acceptance in their many sales, and if it had been a condition it would have been widely reported. Gifts and presents likewise: the Prophet ﷺ was given things and asked whether they were a gift or charity, and no offer or acceptance is reported; offer and acceptance only show consent, which the bargaining and exchange can also show. 2 3
Revocation and hire by exchange
The Hanafis, Malikis and Hanbalis allow revoking a sale by exchange, and hire by exchange like sale: a tailor who takes cloth to sew without contract is owed the wage by these schools when he is a known craftsman; the Shafiis require a contract. 3
Reference
The rules for exchange are set out in each place, under sale, revocation and hire. 3
People and things also explored
Al-Madina Souq, Aleppo· Bazaar of Tabriz· Khan el-Khalili· Al-Hamidiyah Souq· Souq Waqif· Ajr al-mithl (customary wage)· Akhi Baba (title of the guild shaykh and tanners' head)· Akik (the cornelian stone, used in seal-rings)
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5362
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5363
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5364
Cite this page
islam.museum contributors. “Ta'ati (exchange by deed without offer and acceptance)”. islam.museum, https://islam.museum/en/concept/tacatti-exchange-by-deed/. CC BY-SA 4.0. Last updated 2026-10-23.