Upon whom rests the liability for goods sold based on a prior description or viewing until the buyer takes possession?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The liability for goods sold based on a prior description (sifah) or viewing rests upon the seller until the buyer takes possession. This is because the buyer acquires a right to full fulfillment (haqq tawfiyah), analogous to measured or weighed goods. Ahmad stated that if a specific slave is purchased and dies while still in the seller's possession, the loss falls upon the buyer's estate. However, if the seller refuses to hand over the slave when demanded by the buyer, the seller becomes liable for the slave's value at the time of its perishing.
Supporting text
If the seller retains possession of the goods because the buyer has not paid the remaining price, the seller is considered an usurper (ghasib) and the goods are not deemed mortgaged unless the mortgage condition was stipulated at the time of the sale itself.