real estate. Al-Shafi'i said: Every sold item is the liability of the seller until the buyer takes possession of it. Abu al-Khattab reported another narration from Ahmad matching his opinion, because Ibn Abbas said: "I consider everything to be in the same category as food." Furthermore, delivery is an obligation upon the seller because the item is in his possession, so if it becomes impossible due to its destruction, the contract is rescinded, like measured, weighed, and counted items. Our argument is the saying of the Prophet (may Allah bless him and grant him peace): "Profit is the reward for bearing risk" (2). The growth of this sold item belongs to the buyer, so the liability for it is also his. And the statement of Ibn Umar: "The sunnah has passed that whatever the transaction encompasses while it is alive and intact is part of the buyer's wealth" (3). Moreover, it does not involve a right of measurement or weighing, and it is his liability [after possession] (4), so it is his liability before it, like inheritance. The fact that the Prophet (may Allah bless him and grant him peace) specifically singled out food with the prohibition against selling it before taking possession is evidence that items other than it are treated differently.

Section: An item sold by specification or by a prior viewing is the liability of the seller until the buyer takes possession of it, because it involves a right (5) of fulfillment, thus it follows the same rule as measured and weighed items. Ahmad said: If a man buys a specific slave and he dies in the seller's possession, it is the buyer's loss, unless he demanded him and the seller withheld him, in which case he (the seller) is liable for his value at the time he perished. If he withholds him for the remainder of the price, he is an usurper, and it is not considered collateral unless he had stipulated collateral in the contract of sale itself (6).

Section: The taking of possession for every item is according to its nature. If it is something measured or weighed, sold by measure or weight, then possession is through measuring or weighing it. Al-Shafi'i also held this view. Abu Hanifa said: Making it available (al-takhliya) in such cases constitutes possession. Abu al-Khattab reported another narration from Ahmad, that possession for everything