Is a sale valid when the seller informs the buyer of the measure, and the sale is concluded based on that measure?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The sale is valid if the seller informs the buyer of the measure and the sale is contracted upon that stated measure. If the buyer takes possession by measuring it out, the sale and delivery are complete. If the buyer takes possession without measuring, it is treated as possession by lump sum (*jazaf*). If the item remains, the buyer must measure it. If the received amount matches the stated amount, the buyer has taken full right; if it is more, the excess must be returned; if it is less, the deficiency must be taken. If the item has perished, the claim of the possessor regarding the quantity is accepted upon their oath, whether the deficiency is small or large, because the default assumption is non-possession and the right remaining with the seller. The buyer cannot dispose of the entire amount before measuring it, as the seller retains an interest in it; if there is an excess, it belongs to the seller. The buyer cannot dispose of less than their right without measuring, as this prevents them from knowing their actual measure.
Supporting text
If the buyer disposes only of the amount confirmed as his due, such as if his right is one *qafiz* and he disposes of that amount or less, there are two views: one holds it is permissible because it is disposal of his right after possession; the other holds it is impermissible because disposing of the whole was not permitted, thus disposing of a part is also not permitted, similar to the situation before possession. If possession is taken by weight, it is treated as taking possession by lump sum.