Chapter

Whoever purchases goods sold by measure, or the like, the sale is valid and binding upon conclusion of the contract. However, he may not dispose of them until he takes possession of them. If they perish before he takes possession, they remain the seller’s liability. If they perish through a heavenly calamity, the sale is void. But if they are destroyed by a person, the buyer may choose between rescinding the sale or affirming it and seeking compensation from the one who destroyed them.

His statement, “Chapter”: The author has devoted this chapter to two issues:

The first issue: disposal of the item sold.

The second issue: liability for the item sold. Does liability rest with the buyer from the time of the contract, or does it remain the seller’s liability? And may the buyer dispose of the item sold merely upon conclusion of the contract, or must something precede such disposal?

His statement, “Whoever purchases goods sold by measure, or the like”: “Whoever” is a conditional noun that governs the apodosis, which is his statement, “the sale is valid and binding upon conclusion of the contract.”

The author has set out a number of rulings resulting from the purchase of goods sold by measure, or the like, beginning with his statement:

“The sale is valid and binding upon conclusion of the contract.” This comprises the first and second rulings.

His statement, “goods sold by measure, or the like,” includes goods sold by weight, by count, and by length. These are three types in addition to goods sold by measure, making four in all. If he purchases any of these, the sale is “valid.” The subject of “valid” refers to the purchase, since he said, “Whoever purchases something.” It is known that when the purchase is valid, the sale is valid. Thus, the sale is valid even if it has not been measured, weighed, counted, or measured by length.

His statement, “and binding upon conclusion of the contract,” means that the purchase becomes binding through the contract itself—that is, merely by its conclusion—provided that no right of rescission exists. If there is a right of rescission during the contractual session, however, the contract does not become binding until the parties separate. Thus, it becomes binding upon conclusion of the contract unless a right of rescission applies.

His statement, “However, he may not dispose of them until he takes possession of them”: The author has set out three matters resulting from this purchase: