If Zayd tells 'Amr, 'Attend so I can measure it for myself, then you measure it out,' and they do so, is the subsequent measuring by 'Amr valid?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 6 · Bab 4

Open in Qurani

Primary text

If Zayd measures it for himself and then 'Amr takes it using that measurement, there are two narrations regarding its validity. If Zayd leaves the food in the measuring container and gives it to 'Amr to empty it for himself, it is valid, and this constitutes valid possession because continuing the established measurement is equivalent to initiating it, and starting a new measurement yields no additional knowledge.

Supporting text

The companions of Al-Shafi'i hold this invalid due to the Prophet's prohibition against selling food until the measure (Sa'an) has run through it twice. They argue that the purchaser's possession while it remains in the measuring container fulfills this condition.