whatever is sold by measure and the like—namely, by weight, count, or length—then it is under the purchaser’s liability.

The evidence for this is the Prophet’s statement: “Whoever sells a slave who possesses property, his property belongs to the one who sold him, unless the buyer stipulates it.” (1) Thus, ownership transfers merely through the contract. The basic principle is that liability rests upon the one to whom ownership has transferred, based on the hadith: “Entitlement to profit is commensurate with liability.” (2) That is, whoever is entitled to an item’s gain must bear its loss. Therefore, just as ownership belongs to the purchaser and he is entitled to the benefit of the property, he must likewise bear its loss. If anything other than the aforementioned types of sale—which we have enumerated as seven categories—is destroyed, it is under the purchaser’s liability, because it does not require a right of full delivery.

Ibn Umar said: “The sunnah has established that whatever the transaction reaches alive and intact is under the purchaser’s liability.” (3) That is, whatever is covered by the transaction without requiring full delivery is under the purchaser’s liability.

Is the author’s statement here to be understood according to its apparent wording, since he excluded only what is sold by measure and the like?

The answer is: it is not to be understood according to its apparent wording. For we say: if anything other than what is sold by measure, weight, count, length, description, prior inspection, or fruit growing on trees is destroyed, then the author has omitted three issues,