for himself from the property of his child, and to take possession for himself from himself, [and likewise if he gifted something to his young child, it is permissible for him to accept it on his behalf] (28) from himself, and take possession of it from himself, and so it is here.

Section: If two people purchase food and take possession of it, then one of them sells his share to the other (29) before they have divided it, it is possible that this is not permitted. This is the opinion of al-Hasan and Ibn Sirin, for they disliked that a man should sell to his partner something that is measured or weighed before they have divided it, because he did not take possession of his share separately, so it resembles that which has not been taken into possession. It is also possible that it is permitted; because it is possessed on their behalf, and its sale to a third party is permissible, so its sale to his partner is permissible, like all other assets. If they divide it and then separate, then one of them sells his share by the same measure with which he measured it, it is not permissible. This is as if he bought food from a man, measured it, and they separated, then he sold it back to him by that same measure. If they did not separate, it is derived from the two narrations that have preceded.

734- Issue: He said: (The partnership therein, the transfer [tawliya], and the hawala [debt transfer] regarding it are like the sale.)

The sum of this is that whatever requires taking possession, partnership therein is not permissible, nor is its tawliya, nor its hawala before taking possession of it. Abu Hanifah and al-Shafi'i held this view. Malik said: All of this is permissible regarding food before taking possession of it; because it is specific to the like of the first price, so it is permissible before taking possession, like cancellation [iqala]. Our view is that these are types of sale, so they fall under the generality of the prohibition against selling food before one has received it in full, for partnership is the sale of a portion of the sold item for its share of the price, and tawliya is the sale of the whole of it for the like of its price. And because it is an act of conferring ownership to other than the one for whom it is in his liability, it resembles a sale. It differs from iqala, for that is the annulment of a sale, so it resembles the return [of goods] due to a defect. Likewise, it is not valid to gift it, nor pledge it, nor pay it as a wage, nor [perform] what resembles that from the dispositions that require taking possession, because it has not been taken into possession, so there is no way to effect taking possession of it.