Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

pronounced in the hâl, (i.e. present tense,) niyyat on the part of the
one who uses the mâdî tense is not necessary, and the bey’ thereby
performed will be sahîh. In this case niyyat on the part of the party
who uses the present tense will be necessary. The party who makes
the offer may give up, or change his offer, before the acceptance
takes place. If the seller says, “Buy this,” and the buyer replies,
“(O.K.), I have accepted it exactly,” the bey’ performed will be
permissible. It is essential that the item accepted be the same one
offered and the mebî’ and the themen be accepted in their entirety.
In case the qabûl (acceptance) differs with the îjâb (offer), a new
îjâb will be made. If the other party accepts it, a second agreement
will have been made.
The agreement will have been made by a unilateral delivery as
well as by way of a bilateral delivery, (termed te’âtî). If the seller
says, “I have sold (you) this (item of) property for a thousand
liras,” it is permissible for the buyer to take it without saying
anything. That is, the bey’ will have been accomplished. If the
seller gives the item and the buyer pays the money, the sale will be
permissible without (any need for) an exchange of words.
If a person says to the grocer, “Please weigh (for me) three
pounds of potatoes for three pennies a pound,” and the grocer
weighs them without saying anything, the agreement has been
made; that is, the bey’ has been performed.
If the customer gives the seller five liras and asks, “How much
are you selling this wheat for?” and the latter says, “One lira a
bushel,” or if the former first learns the price and then gives the
five liras and then asks the latter to sell him five bushels of it, and
if thereupon the seller says that he will give it the following day,
the agreement of bey’ has been made. The following day he will
have to deliver five bushels for one lira a bushel even if the price
changes overnight. If the customer says to the butcher, “Weigh
(for me) such and such liras’ worth of that part of that lamb,” or if
he says to weigh all of it, and if the butcher weighs it, the
agreement has been made. The customer has to pay the money.
However, if he said, “Weigh (for me) such and such kilograms of
that lamb,” and if the butcher did as he was told to do, the
agreement would not have been made unless the customer took
possession of the meat or had it put into the container he had held
out. For, the meat is not the same all over the lamb. In this case the
customer has an option. If the buyer asks the seller, “How much is
the firewood that this animal is carrying,” and then the seller
replies, say, “Ten liras,” and thereupon the former says, “Drive it
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