Conditions about the legal terms to be used to conclude a deal:

Selling means to transfer same property in exchange for some other property as a property, regardless of its qualities, *Shiri'a, or buying means paying the price in exchange for some property because of a certain quality in its substance, thus, in the sale of some sugar, for instance, the seller preserves his property in the form of the price of sugar but the buyer obtains sugar only because he needs it. Whenever the purpose of both parties is the same like the exchange of a book, for a book, such transaction will not be called selling or buying, but it is some other form of transaction.

CR (47) One condition for validity of a transaction in the form of selling and buying is offer and acceptance, this can take place by means of any word indicating what is meant even though it may not be a very explicit expression, words such as, "I have sold, I have given you possession or I have exchanged" will be enough for an offer and words such as, "I have accepted, I have agreed, "I have assumed possession, or I have bought" will be enough for acceptance. Such terms can be expressed in any language and mispronunciation of words also is not harmful.

CR (48) If one says, "Sell to me your horse for a Dinar - a unit of money- and the person addressed would say," I have sold my horse to you for this Dinar," the validity of the deal and relating its legal effects without any acceptance terms being added to it by the first party is not free from objection, The same rule applies to the guardians or proxy of the parties, an offer without acceptance is not enough.

CR (49) Another condition for the validity of a transaction in the form of selling and buying is continuity of the expressions of offer and acceptance, thus, if the seller pronounces the terms of offer and the buyer delays in expressing the terms of acceptance until the seller changes his mind about the deal, the

transaction will not be considered to have come into existence and no legal effect can be related to it, but if the seller has not yet changed his mind and waits for acceptance until it is expressed, the deal will be valid. It also is not necessary for the parties to be at the same place, thus, a deal concluded by phone is also valid. Concluding a deal by letter is not free from objections, apparently, it is valid, if the seller does not change his mind and waits for acceptance.

CR (50) Apparently, one of the conditions for the validity of a transaction in the form of selling and buying is harmony between the offer and acceptance about the commodity and the price, thus, if the seller says, "I have sold to you this horse with the condition 'A' and the buyer says, "I have bought this donkey with condition 'B' or without any condition the deal will not be valid. However, if the seller says," I have sold to you this horse for one Dinar and the buyer says, I have bought each half of this horse from you for half Dinar, the deal will be valid, and the same rule applies to other such expressions where the difference is only that of summing up the details.

CR (51) If pronouncing the terms of the deal would not be possible for some reason it can be replaced by gesture, even if it would be possible to appoint a proxy or proxies, the same rule applies to writing if gesture is not possible, if gesture would also be possible, there are two views about the case, apparently, both ways are lawful, in fact, these methods can be adopted even if pronunciation would also be possible.

CR (52) Apparently, a deal in the form of buying and selling can also take place by give-and-take. The seller forms the offer by giving the commodity to the buyer and the buyer forms his acceptance by giving the price to the seller, regardless of the amount of the merchandise. Some times a deal may take place only by giving of the seller the merchandise to the buyer without the latter giving any thing to the seller such as in the case when the seller owes some property to the buyer or vice verse.

CR (53) Apparently, in a transaction of selling and buying in the form of 'give-and-take' all the conditions required for the validity of a transaction concluded with the pronouncement of terms, are also required. Such as the condition about the terms of the goods exchanged and the parties. It also is apparent that the right of revoking the deal by any of the parties, which will be discussed later also, comes into effect in a deal of 'give- and-take'.

CR (54) Apparently, a 'give-and-take' form of transaction can also be considered valid in the sorts of contracts other than selling and buying, even in the unilateral contracts, except certain instances such as marriage, divorce, granting emancipation, allowing a slave girl sexual relations with others, vows and oaths. Apparently, a 'give-and-take' form is effective in mortgage and endowment.

CR (55) The effectiveness of a condition in a transaction in the form of 'give-and-take' is not free from objection, regardless, the condition would be the right of revoking the deal within a certain time or doing something for the other party etc., although, to consider a condition effective is not groundless. For instance, if during give and take one party says "I will have the right of revoking this deal within a year", and the other party accepts it, such condition will be valid and effective and the deal will be a revocable one.

CR (56) It is not lawful to let the effectiveness of a transaction depend on what is not existing during processing a deal, regardless, the parties know that it will come into existence such as saying, "I sell it to you when new moon is seen" or they would not know about its coming into existence, such as, saying, "I sell it to you when I will have a male child, or it is not known to either party during processing the deal such as saying," I sell it to you if today is Friday when none of them would know about it, but if he knows that the day is Friday, it will be considered lawful.