to measure it before taking possession. Thus, in the case of goods sold by measure, weight, number, or linear measurement, possession is not complete without two things:
First: moving them into one’s possession.
Second: receiving them in full by measuring, weighing, counting, or measuring them linearly. This is the stronger view in this issue.
According to the author’s statement—which is the position of the school—however, once the measuring, weighing, counting, or linear measurement has taken place, even if it occurs where the goods are located, possession has been effected.
His statement, “and of goods in a heap”: a heap is a pile of foodstuffs.
His statement, “and whatever is movable, by moving it”: such as clothing, animals, cars, and the like. Possession of these is effected by moving them, because this is the customary practice.
His statement, “and whatever may be taken by hand, by taking it”: that is, whatever can be handled by hand is taken into possession by handling it, such as dirhams, jewels, watches, and pens. These are transferred by hand when their owner hands them over.
His statement, “and anything else, by placing it at the purchaser’s disposal”: that is, possession of anything other than these items is effected by placing it at the purchaser’s disposal. This means leaving the sold item freely available to the purchaser—for example, handing him the key to a house, vacating a piece of land in the case of land, and the like.
If someone were to say that the matter should be referred to customary practice, that would be correct so long as there is no need to receive the goods in full—that is, no need for measuring, weighing, counting, or linear measurement. In that case, the matter is referred to customary practice: whatever people regard as possession is possession, and whatever they do not regard as possession is not possession. But the author, may Allah have mercy on him,