—for example, a buyer may simply count the sacks, parcels, or crates while they are still in the seller’s store, then leave and sell them to a third party. Such conduct is not deemed valid possession, and therefore the buyer is not entitled to dispose of the goods.
You might ask, “What, then, constitutes proper possession that allows the buyer to deal with the merchandise?” The answer is that the mode of possession differs according to the nature of the commodity, and each type has a form that suits it. If the item sold is measured by volume, possession is taken by measuring it out; if by weight, then by weighing; if by count, then by counting; and if by length, then by measuring its length—together with moving the goods to the buyer’s premises. Articles such as clothing, livestock, or vehicles are possessed by transporting them to the buyer’s location. Items that can be held in the hand, like jewelry or books, are possessed when the buyer physically takes and holds them. As for property that cannot be moved—such as houses, land, or fruit still on the trees—possession is effected by relinquishment: the seller enables the buyer to take control and leaves him free to treat it as an owner would; in the case of a house, this is done by opening the door for him or handing him the key.
A number of prophetic reports have already been cited that forbid any disposal of the sold item before possession is lawfully taken, because such restraint serves the interests of both buyer and seller by putting an end to