or like measured and weighed goods. Our argument is what Ibn Umar narrated, saying: "We used to sell camels at al-Baqi for dirhams, then we would take dinars in exchange for the dirhams, and sell them for dinars, then take dirhams in exchange for them. We asked the Prophet (may Allah bless him and grant him peace) about that, and he said: 'There is no harm, provided you separate while there is nothing pending between you.'" (13) This is an act of disposal of the price before taking possession, and it is one of the two compensations. Ibn Umar also narrated that he was on a young camel (14)—meaning one belonging to Umar—and the Prophet (may Allah bless him and grant him peace) said to Umar: "Sell it to me." He replied: "It is yours, O Messenger of Allah." The Prophet (may Allah bless him and grant him peace) then said: "It is yours, O Abdullah ibn Umar, so do with it as you wish." (15) The outward implication of this is the disposal of the sold item by way of gift before taking possession of it. He also bought a camel from Jabir, paid him its price in cash, and then gifted it back to him before taking possession of it. (16) Furthermore, it is one of the two types of the subject of the contract, so it is permissible to dispose of it before taking possession, similar to benefits in leasing, for it is permissible for the lessee to sublease the leased property before taking possession of the benefits. Moreover, it is a sold item to which no right (17) of full delivery is attached, so its sale is valid, like property in the hands of its bailee or its mudarib (agent for profit-sharing). As for their Ahadith, it has been said that none of them are authentic except the Hadith regarding food, which is a proof for us by its implication (mafhum); for the specification of food with the prohibition of its sale before possession indicates that such a transaction is permissible regarding everything else. Their statement that "ownership is not complete over it" is denied, for the cause requiring ownership is realized, and the most that can be said (18) is that the taking of possession is missing.
(13) Its authentication was provided on page 107. (14) Al-Bakr: A young camel. (15) Its authentication was provided on page 25. (16) Jabir's Hadith was recorded by al-Bukhari in: Chapter on buying animals and donkeys, from the Book of Sales; Chapter on when the seller stipulates the ride of the animal to a named place, it is permissible, from the Book of Conditions; and Chapter on one who strikes another's animal during a military expedition, from the Book of Jihad. Sahih al-Bukhari 3/81, 248, 4/36. It was also recorded by Muslim in: Chapter on the recommendation of marrying a virgin, from the Book of Nursing; and Chapter on selling a camel and excepting its ride, from the Book of Irrigation. Sahih Muslim 2/1089, 3/1221, 1222, 1223. And by al-Nasa'i in: Chapter on a sale that contains a condition, so the sale and the condition are valid, from the Book of Sales. Al-Mujtaba 7/261, 262. (17) In MS M: "until". (18) Omitted from the original.
