Ta'ati (exchange by deed without offer and acceptance)

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

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

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}

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

The rules for exchange are set out in each place, under sale, revocation and hire. ³