Sixth: that possession be required for anything sold by measure or by weight.
Seventh: that it be required for what is sold by measure, by weight, or by count.

Mālik’s principal proof for prohibiting the resale of everything other than the explicitly exempted items is the implied meaning (dalīl al-khiṭāb) of the ḥadīth cited earlier.

Al-Shāfiʿī’s principal proof for extending the requirement to every sale is the general sense of the Prophet’s—peace and blessings be upon him—words:
“It is not lawful to combine a sale with a loan, to profit from something whose liability you have not assumed, or to sell what is not in your possession.”
This falls under the heading of selling what is not yet guaranteed, and it rests on his view that physical possession is a prerequisite for the item to pass into the buyer’s liability.

He also adduces the ḥadīth of Ḥakīm ibn Ḥizām, who said:
“I asked, ‘O Messenger of Allah, I purchase various goods; which of them are lawful for me and which are forbidden?’ He replied, ‘O my nephew, when you buy something, do not resell it until you have taken possession of it.’”

Abū ʿUmar said: The ḥadīth of Ḥakīm ibn Ḥizām was narrated by Yaḥyā ibn Abī Kathīr, from Yūsuf ibn Māhak, who reported that ʿAbd Allāh ibn ʿIṣmah told him that Ḥakīm ibn Ḥizām made that statement. I know of no criticism leveled against Yūsuf ibn Māhak or ʿAbd Allāh ibn ʿIṣmah, except that only a single transmitter relates from each of them. In truth, that is not a defect, though a number of ḥadith specialists have found it distasteful.

From a rational standpoint, selling what has not yet been received opens the door to usury. Abū Ḥanīfah therefore exempted movable, transferable goods from the requirement, distinguishing them from immovables, because in his view mere relinquishment (takhliyah) constitutes possession for movables. Those who make measurement or weighing the criterion do so because all agree that something sold by measure or weight does not pass from the seller’s liability to that of the buyer until it has actually been measured or weighed; and the sale of what is not yet guaranteed has been forbidden.

[Section Two: On the kinds of gains whose sale requires taking possession and those that do not]

As for which transactions are subject to the requirement and which are not, contracts are first divided into two categories: those involving consideration (muʿāwaḍah) and those without consideration, such as gifts and charitable donations.

Contracts involving consideration fall into three categories:
First: those undertaken with the specific intent of bargaining and seeking profit, namely sales, leases, dowers, settlements, and property for which the possessor is liable because of misappropriation or otherwise.