that if it is destroyed by a heavenly calamity, the purchaser may recover its replacement from the seller: an equivalent in the case of fungible goods, and its value in the case of non-fungible goods.

According to Shaykh al-Islam, may Allah have mercy on him, no purchased item may be disposed of before it is taken into possession, except where it is resold at cost or sold back to the original seller. He also confines such disposal to selling; whereas we hold that other transactions analogous to a sale should be included. With regard to liability, he maintains that it depends on the purchaser’s ability to take possession: if the purchaser is able to take possession, liability rests with him; but if he is unable to do so, liability rests with the seller. He agrees with the school that, if the seller prevents him from taking possession, liability rests with the seller. He likewise agrees with the school that, if the seller offers delivery but the purchaser refuses to accept it—in cases for which the seller would otherwise be liable—liability rests with the purchaser.

“Possession of what is sold by measure, weight, number, or linear measurement is effected by measuring, weighing, counting, or measuring it accordingly. Possession of goods sold in a heap, and of anything movable, is effected by moving it; of what may be taken by hand, by taking it; and of anything else, by placing it at the purchaser’s disposal. Mutual cancellation is a rescission of the sale. It is permitted before possession of the sold item is taken, provided it is for the same price; it entails no option to revoke, nor does it give rise to a right of pre-emption.”

His statement, “Possession of what is sold by measure, weight, number, or linear measurement is effected thereby,” refers to what has already been mentioned. Thus, possession of what is sold by measure is effected by measuring it; of what is sold by weight, by weighing it; of what is sold by number, by counting it; and of what is sold by linear measurement, by measuring it. It is not sufficient for the purchaser simply to have physical control over it. If, for example, the purchaser takes hold of goods sold by measure but does not measure them, he has not truly taken possession of them, since possession is only effected by taking the full measure of what is measured, the full weight of what is weighed, the full number of what is counted, and the full length of what is measured linearly.

The apparent meaning of the author’s words is that once the measuring, weighing, counting, or linear measurement has taken place, it is permissible to dispose of the goods even if they have not been moved from their location, because possession has been effected. However, we have previously stated that the stronger view is that commodities should not be resold at the place where they were bought until the traders have moved them to their own premises. Accordingly, it is not sufficient