Section

Among the circumstances necessitating this are that the goods sold by description are in another town, or that they comprise a large quantity of merchandise tied up in bales and loads. They may then be sold according to the accompanying specifications, because opening and unfolding everything would cause their owner harm and hardship. A single garment or a few garments, however, may not be sold by description if present when the contract is concluded. Ashhab permitted the sale by description of a cloak folded inside its case. This applies to a fine garment whose condition would be affected by repeatedly unfolding it for prospective buyers and allowing them to handle it. As for a garment that does not have this characteristic, there should be no disagreement concerning it.

Section

There is disagreement concerning goods that are in the same town but absent from the place where the contract is concluded. One view holds that selling them by description is impermissible, since they are effectively present, as inspecting them presents no difficulty. Another holds that selling them by description is permissible even though they are in the same town: since they are not present where the contract is concluded, purchasing them by description does not amount to deliberately entering into a transaction involving undue uncertainty, and they resemble goods located outside the town.

Section

According to Ibn al-Qāsim, selling absent goods is permissible provided that they are not excessively far away. The contract is valid even if it is not known whether the goods still existed or had perished when it was concluded. If they are found to have perished before the contract and before the sale, the ruling on this case is agreed upon. If they perish after the contract but before possession is taken, Mālik—may Allah have mercy on him—expressed differing views. On one occasion he said that the seller bears the loss and the sale is annulled, just as when the goods perish before the contract; this was his final position. On another occasion he said that the buyer bears the loss and the sale remains valid.

Section

The purchaser of absent goods may sell them before taking possession to someone other than the person from whom he purchased them, for whatever price he wishes. He may not, however, receive advance payment as a contractual stipulation unless the goods are nearby. As for selling them to the person who sold them