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Abstract

Hand- to hand trade, which is often referred to as trade without negociation or commerce, and without compliance or acceptance, is a customary and old tradition.
The opinions rejecting the correctness of this kind of trade had several adherents among the first jurisprudents of the Imami and safe I creeds, but it has gradually lost is importance and validity until we can almost find no adherent to it at the present time. Those who believe in the correctness of this trade have relied upon references like the book Quran, the prophetic tradition, unanimity, the rule for eliminating a fault and custom. It seems that custom plays the most notable role among those numerated because the othere are themselves influenced by custom or derived from it.
The change in jurisprudents’ opinions, over time going from expressing the incorrectness of this trade to allowing it, demonstrates their realistic out- look, their attention to the role of custom in commenting on religious precepts, and their yielding to the facts of social life.