These evidences do not conflict with the two ḥadiths of Ibn ʿUmar and Abū Hurayrah on which the Mālikīs base their view, for establishing the need to take possession of goods sold by measure or weight does not mean the same rule is negated for other goods.

The proofs presented by those two camps—by way of their implied meaning—restrict the prohibition of resale to food: either to what is measured or weighed, as the Mālikīs say, or to that together with bulk purchases, as the later scholars maintain. Yet this is no more than a mafhūm al-laqab (an implication derived solely from the item’s name), which is not a valid proof; and even if it were accepted, it cannot stand against the explicit wording of the ḥadiths cited by the Ḥanafīs and Shāfiʿīs.

As for the proofs for the well-known position within the Ḥanbalī school, they too rely on the implicit meanings of the food ḥadiths, because those texts specify food. Hence they concluded that the ruling is confined to food, and, further, to what is ordinarily sold by measure or weight, for that is the usual mode of its sale.

They also adduce the report from Ibn ʿUmar: “The Sunnah has established that whatever the bargain encompasses while the grain is still heaped together belongs to the purchaser.” Al-Bukhārī recorded it in suspended form; al-mubtāʿ means “the buyer.”

They then extended this ruling to every commodity that requires the right of full delivery—items sold by measure, weight, count, length, by description, or through prior inspection—because all of these call for complete delivery.

Two ancillary notes:

1. The jurists hold that liability for loss caused by an act of God—that is, a calamity outside human control such as extreme heat, cold, locusts, and similar events—attaches to whichever party may, in their view, dispose of the goods by sale before taking possession. If such disposal is valid, liability rests with the buyer should the goods perish or suffer damage; if disposal is invalid, liability remains with the seller, according to the differences set out earlier.

2. Concerning the manner of taking possession: what is sold by measure is possessed by measuring it; what is sold by weight, by weighing it; what is sold by count, by counting it; what is sold by length, by measuring its length; what must be moved, by moving it; and what is handed over, by taking it into one’s hand. Real property and fruit still on the tree are possessed by evacuation—namely, the seller withdraws his hand and the buyer assumes control.