and it is the purchaser who is negligent in failing to take possession, so liability rests with him. This differs from the case in which the seller has not enabled him to take possession by failing to deliver the full amount due—by not measuring, weighing, or counting it. In that case, it is like a debt that he has not paid him. If the seller fails to fulfil his obligation to deliver the full amount, he is the negligent party and therefore bears liability, for negligence is grounds for liability.

Whether disposal is lawful or prohibited, however, depends on other considerations. One such consideration may be the ability to deliver the property, so that the transaction does not resemble a sale involving uncertainty. If the purchaser has not moved it from its location, the seller may deny having sold it, leading to a dispute. The seller may also prevent him from delivering it.

Similarly, taking possession is stipulated in the case of a pledge because its purpose is to recover the debt from the pledged property when it cannot be recovered from the pledgor. This purpose can be achieved only if the pledgee holds the pledged property. If it remains in the pledgor’s hands, by contrast, he can prevent the pledgee from gaining access to it.

Another reason may be that the purpose of contracts is for the parties to take possession of what is due to them: taking possession completes the contract and fulfils its purpose. Thus, if unbelievers embrace Islam and bring their disputes before us, having concluded contracts that they consider permissible and having exchanged possession under them, we do not rescind those contracts, even if they are prohibited in the religion of the Muslims. If, however, possession has not yet been exchanged, we annul them, lest this lead to authorizing a prohibited taking of possession after their conversion to Islam. Thus, when property is sold before possession is taken, the purchaser’s ownership of it is not yet complete;