as in the case where he delivers in a salam contract something other than what he described to him, and he returns it. It is not permissible to separate from the contract session before taking possession of the sold object, or taking possession of its price. This is the view of al-Shafi'i; because it is a sale involving liability (fi al-dhimma), so it is not permissible to separate in it before taking possession of one of the two counterparts, just like a salam contract. The Qadi said: It is permissible to separate in it before taking possession; because it is a present sale (hal), so it is permissible to separate in it before taking possession, like the sale of a specific object.

Section: If they both see the sold object, then conclude the sale after that at a time in which the object does not change, it is permissible according to the view of most scholars. Another narration is related from Ahmad that it is not permissible until they both see it at the time of the contract. This was also related from al-Hakam and Hammad; because that which is a condition for the validity of a contract must be present at the time of the contract, like testimony in a marriage contract. We argue that it is known to both of them, resembling the case where they witness it at the time of the contract, and the condition is merely knowledge, while inspection is but a means to knowledge; that is why description which produces knowledge is considered sufficient. Testimony in a marriage contract is intended for the lawfulness of the contract and to secure it, so it is required to be at the time of the contract. What we mentioned is confirmed by the fact that if they see a house and stand in one of its rooms, or a piece of land and stand on its edge, and they sell it, it is valid without dispute, despite the lack of full visual inspection at the time. If the inspection stipulated for the sale were required to be at the time of the contract, the inspection of all of it would have been required. Whenever he finds the sold object in its state, unchanged, the sale is binding, and if it is deficient, he has the option; because that is like the occurrence of a defect. If they disagree regarding the change, the statement is the buyer's statement along with his oath; because the price is binding upon him, so it is not binding upon him what he does not acknowledge. As for if the sale is concluded after seeing the sold object by a period in which it is realized that...