عنوان مقاله [English]
In discussing the need or lack of need for contract of sale, according to some views, there are different reasons. One of the reasons, that those who believe in the need of mute sale have reasoned it, is the famous Narration “Just talk make the deal lawful and unlawful”. That what Imam means by this expression and whether “talk” has been used as its literal meaning or it has an ironic meaning, there is disagreement among Jurists. In this regard, there are various possibilities according to reasons; by the critique and evaluation of all the possibilities and documentations, it turned out that none of those possibilities was correct; rather, the meaning of the word is probably the same as its corresponding meaning, that is, a conversation carried out between the dealer and the customer, which has the ability to have two rules of vindication and sanctity, and has no problems that are involved in other probabilities, and has no conflict with the correctness of the transaction without talk.