What constitutes legal possession (Qabd) for measured or weighed goods in a sale?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
Possession for goods sold by measure (kayl) or weight (wazn) is established by their actual measurement or weighing. This view is held by Al-Shafi'i. The evidence supporting this rests on the statement of the Prophet, peace be upon him, as narrated by Abu Hurairah: "When you sell, measure, and when you purchase, take full measure" (Narrated by Al-Bukhari). Furthermore, the Prophet, peace be upon him, prohibited the sale of food until two measures had passed through it—the measure of the seller and the measure of the buyer—which pertains to items sold by measure.
Supporting text
Abu Hanifa holds that vacating the space (takhliyah) constitutes possession for such items. Another narration from Ahmad, reported by Abu Al-Khattab, suggests that possession for everything is achieved through vacating the space accompanied by distinction (tamyeez), analogous to immovable property, because the seller has left an unobstructed barrier between himself and the sold item.