Section

Any commodity bought by measure—or anything analogous to it—becomes binding as soon as the contract is concluded. The buyer may not dispose of it until he has taken delivery; if it is lost beforehand, the loss is borne by the seller, and if it is destroyed by an unforeseen calamity the sale is annulled.

With regard to everything else, disposal before taking delivery is valid, and liability shifts to the buyer, unless the seller prevents him from taking possession.

Taking delivery of that which is sold by volume, weight, count, or linear measure is accomplished by the actual measuring, weighing, counting, or measuring, or by piling it into a heap (1). Anything that must be moved is delivered by moving it; whatever is ordinarily taken by hand is delivered by handing it over; and for everything else, delivery is effected by vacating the item for the buyer’s unobstructed use (2).

[Iqāla]

Iqāla—mutual rescission—is a dissolution of the sale. Granting iqāla to a remorseful party is recommended. It is valid whether it occurs before or after the buyer has taken possession, but not when the merchandise has perished, (3) when one of the contracting parties has died, when the consideration is increased or reduced, or when the compensation is of a different genus.