making it available (al-takhliya) between him and its purchaser without any barrier blocking it. Al-Khiraqi mentioned this in the Book of Pawn, stating: If it is of a nature that can be moved, its possession is his taking it from the pawner as a moved object; if it is of a nature that cannot be moved, its possession is the pawner leaving it available between him and the pawnee without any barrier. This is because possession is an absolute term in Sacred Law, so one must refer back to custom regarding it, such as in the cases of preservation (ihraz) and separation (tafarruq). The custom regarding the possession of these items is what we have mentioned.

Section: The wage of the measurer and the weigher for measured and weighed goods is upon the seller, because he is obligated to deliver the sold item to the purchaser, and possession is not achieved except through that; thus it is upon the seller, just as the seller of fruit is obligated to irrigate it. The same applies to the wage of the person counting countable items. As for transporting movable items and what resembles them, it is upon the purchaser, because no right of full delivery is attached to it. Ahmad has explicitly stated this.

Section: Possession is valid both before and after the payment of the price, by the choice of the seller or without his choice, because the seller does not have the right to withhold the sold item until the price is received, and because delivery is among the necessities of the contract; therefore, whenever it occurs after it, it takes its proper place, just like receiving the price.

733 - Issue: He said: "And whoever buys something that requires possession, it is not permissible to sell it until he takes possession of it."

We have already mentioned what does not require possession and the disagreement regarding it. Everything that requires possession, when one buys it, it is not permissible to sell it until one takes possession of it, due to the saying of the Prophet (may Allah bless him and grant him peace): "Whoever buys food, let him not sell it until he has received it in full." Agreed upon (1). It is also because it remains under the liability of its seller, so it is not permissible to sell it (2), just like a forward sale (salam). I do not know of any disagreement [regarding this] (3), except for what was narrated from al-Batti, that he said: there is no harm in...