Chapter on the Rulings Governing Disposal of a Sold Item before Taking Possession, and on Mutual Cancellation of the Sale

In this chapter, God willing, we shall examine the rulings that apply to dealing with the object of sale before it has been taken into one’s possession—clarifying what is valid and what is not—and we shall explain what actions constitute a legally recognized taking of possession and what does not.

Be aware that any disposal of the sold item prior to taking possession is invalid when the commodity is sold by measure, by weight, by count, or by linear measure, by the unanimous agreement of the leading jurists. According to the sounder and more authoritative of the two opinions among the scholars, the same ruling holds even for items that do not fall under those categories. The basis for this is the Prophet’s—may Allah bless him and grant him peace—statement: “Whoever purchases foodstuff must not sell it until he has received it in full,” agreed upon; another wording states, “until he has taken possession of it,” and Muslim records: “until he has measured it out.”