LessonsFour Modes of Textual Indication: ʿIbārah, Ishārah, Dalālah and IqtiḍāʾQuiz

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The implied sale is established through iqtiḍāʾ, and the requisite acceptance is treated accordingly.

Sale requires the relevant contractual elements, including acceptance. Where a sale is presupposed by iqtiḍāʾ to make the expressed transaction legally coherent, the issue of acceptance is analyzed as part of that implication.

Possession in a gift is different. Physical taking of possession is an external act and cannot automatically be treated as having occurred just because some legal wording implies a transfer.

The distinction shows that required textual supplementation does not magically bring every real-world act into existence. Legal implication and actual performance must be kept separate.

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Acceptance and possession are not interchangeable

Four Modes of Textual Indication: ʿIbārah, Ishārah, Dalālah and Iqtiḍāʾ

فثبت البيع بطريق الاقتضاء فثبت القبول كذلك
The implied sale is established through iqtiḍāʾ, and the requisite acceptance is treated accordingly.

Sale requires the relevant contractual elements, including acceptance. Where a sale is presupposed by iqtiḍāʾ to make the expressed transaction legally coherent, the issue of acceptance is analyzed as part of that implication.

Possession in a gift is different. Physical taking of possession is an external act and cannot automatically be treated as having occurred just because some legal wording implies a transfer.

The distinction shows that required textual supplementation does not magically bring every real-world act into existence. Legal implication and actual performance must be kept separate.