When is weighed, measured, or counted goods included in the buyer's liability?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The apparent ruling from Al-Kharqi is that measured (makil), weighed (mawzoun), and counted (ma'doud) items do not enter the buyer's liability until they are taken into possession (qabd). This applies whether the item is specific (muta'ayyin), such as a heap (sabra), or non-specific, such as a measure from the heap. This view aligns with the apparent position of Ahmad and the saying of Ishaq. Evidence for this is found in the tradition from Ibn Umar: "Whatever the transaction finds alive and intact belongs to the buyer," a saying cited by Ahmad in one narration to support this.
Supporting text
A narration attributed to Uthman ibn Affan, Sa'id ibn al-Musayyib, Al-Hasan, Al-Hakam, and Hammad ibn Abi Sulayman states that everything sold by measure or weight is not permitted to be sold before possession, while what is not measured or weighed is permissible to sell before possession. Al-Qadi and his companions qualify this by stating that the prohibition applies only to non-specific measured, weighed, or counted goods, such as a measure taken from a heap, whereas specific goods enter the buyer's liability immediately, like selling an entire heap without specifying the measure.