First: validity. That is, the contract is valid for goods sold by measure before they have been measured; for goods sold by weight before they have been weighed; for goods sold by count before they have been counted; and for goods sold by length before they have been measured by length. This is subject to the conditions of validity being fulfilled and impediments being absent. It may be said that this is already understood from his statement, “Whoever purchases,” because a legally valid purchase only takes place when the conditions are fulfilled and the impediments are absent.
Second: it becomes binding upon conclusion of the contract. This is qualified by the absence of any right of rescission.
Third: he may not validly dispose of it until he takes possession of it: by measuring it if he purchased it by measure, by weighing it if he purchased it by weight, by measuring it by length if he purchased it by length, and by counting it if he purchased it by count.
Is this unrestricted, or is it qualified?
The apparent meaning of the author’s words is that any disposal of it is invalid until he takes possession of it, whether he disposes of it through sale, gift, by making it a bridal gift, compensation for divorce initiated by the wife, rent in a lease, or otherwise. This is due to the generality of his statement, “his disposal,” for “disposal” is an indefinite singular noun in a possessive construction and thus conveys generality, until he takes possession of it. However, this generality understood from his statement, “his disposal,” is a general expression intended in a particular sense. What is meant is a disposal for consideration—that is, that he disposes of it in exchange for compensation—such as a sale, a gift given in return for compensation, or making it rent.
As for disposing of it by way of a gift, charity, present, or the like, there is no harm in that. This is what is intended, and it is also the established position of the school, because Umar, may Allah be pleased with him, sold the Prophet ﷺ a camel, and the Prophet ﷺ gave it as a gift to Ibn Umar, may Allah be pleased with him.