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Bay’ al-Muatah


A contract of sale (bay’) in which the buyer picks up the goods and pays the price to the seller who accepts it without both parties sitting down to draw up a contract. This is the case where retail trade comes into play. For example, in a supermarket, a customer would proceed to choose a specific article (e.g., toothpaste) and then pays its price at a point of sale (POS) and simply leaves.

However, bay’ al-mu’atah doesn’t fit into cases involving the sale or purchase of valuable items such as a real estate property or a vehicle, as the seller and buyer would normally have to formulate an official contract in which transfer of ownership shall be reduced into writing.

Bay’ al-mu’atah (بيع المعاطاة) is also termed bay’ al-ta’ati. Both ta’ati and mu’atah are Arabic words which denote an action taking place and coming into effect by virtue of the implicit approval of both parties and without resorting to formalities (such as documentation). In other words, bay’ al-ta’ati or al-mu’atah it is a contract that is effectuated based on physical action (grabbing of an item, payment of price by the buyer and receipt by the seller) rather than verbal offer and acceptance.



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