the purchaser, on the basis of the report cited as evidence, narrated by al-Awzāʿī from al-Zuhrī, from Sālim, from Ibn ʿUmar, who said:

“The established Sunnah is that whatever is still in existence and intact when the sale is concluded is at the purchaser’s risk.”

For the apparent position of Ahmad’s school is that goods specifically identified in the contract, whose delivery does not require measuring, weighing, or the like, are at the purchaser’s risk provided he has been able to take possession of them, whether or not he has actually done so.

According to the schools of Abū Hanīfa and al-Shāfiʿī, however, the seller bears the loss. This is also the other position reported from Ahmad, and it was preferred by Abū Muhammad. The correct ruling, however, varies according to the case.

According to Abū Hanīfa, purchased property does not pass to the purchaser’s risk until he takes possession, except in the case of real estate. Al-Shāfiʿī makes no distinction between real estate and other property; this is also one position reported from Ahmad. Another position reported from Ahmad distinguishes between goods measured or weighed and other goods. Another distinguishes between food and other goods, while yet another distinguishes between foodstuffs measured or weighed and other goods. These positions reported from him concerning possession parallel those reported from him concerning ribā (usury).