Section: If one rents land and plants it, and the crop is destroyed (21), then there is no obligation upon the lessor; Ahmad stated this explicitly. We know of no disagreement regarding this because what is being contracted is the usufruct of the land, and it was not destroyed; rather, it was the tenant's property within it that was destroyed. It is thus like a house one rents to bleach (22) clothes in, and the clothes are destroyed inside it.

731- Issue: He said: (And if a sale is made on a measured, weighed, or counted item, and it is destroyed before he takes possession of it, then it is from the wealth of the seller.)

The apparent meaning of al-Khiraqi’s statement is that measured, weighed, and counted items do not enter into the buyer's liability until he takes possession, whether the item is specific, like a heap of grain (subra), or non-specific, like a qafiz from it. This is the apparent meaning of Ahmad’s words, and the opinion of Ishaq is similar. It has been narrated from Uthman ibn Affan, Sa’id ibn al-Musayyib, al-Hasan, al-Hakam, and Hammad ibn Abi Sulayman that everything sold by measure or weight may not be sold before possession is taken, while that which is not measured or weighed may be sold before possession is taken. The Qadi and his companions said: The meaning of 'measured,' 'weighed,' and 'counted' is what is not specific, such as a qafiz from a heap, a ratl from a mass (2), or a measure of oil from a vessel. As for the specific item, it enters the buyer’s liability, such as a heap of grain he sells without naming the measure. A view has been transmitted from Ahmad that supports their position; for he said in the narration of Abu al-Harith regarding a man who bought food, then looked for someone to carry it, but returned to find the food had burned (3): it is from the buyer's wealth. He used as evidence the hadith of Ibn Umar: 'Whatever the transaction encompasses while it is alive and gathered, it is from the buyer's wealth' (4). Al-Jawzjani mentioned on his authority regarding one who bought what is in a boat as a bulk heap, and did not