A man who buys goods that perish in the seller's hands before the buyer takes possession

Al-Hakam said: A man bought something from someone, and it perished while still with the seller, before he took possession of it. In this case, if the seller had said, "Take your goods," the loss will be the buyer's; and if the seller had said, "I will not give this to you until you bring me its price," the loss will be the seller's.

Dawud said: I asked Amir: A man bought cloth from someone on deferred payment, packed it, and left it in the seller's house, and did not treat it as a pledge for the money. What is the ruling if the goods burn? He said: This is the seller's loss.

Ibrahim said: If a man buys goods and the buyer says, "Hand it over to me," and the seller says, "I will not give it to you until you bring the price," this transaction is in the position of a pledge. If it perishes, it is from the seller's property. And if the seller says to the buyer, "Take it into your possession," and the buyer says, "I will not take possession of it until I bring the price," this is under the ruling of a deposit. If it perishes, it perishes from the buyer's property. He may sell this one, but he may not sell that one.

Ibn Awn said: I mentioned this to Muhammad (Ibn Sirin), and he said: He spoke the truth, I think.

Dawud bin Abi Hind said: A man bought some goods from another man on the condition of payment by a fixed date, and left them with the seller. At night a fire broke out in the house and some of the goods burned. I asked al-Sha'bi about this, and he said: The loss falls on the one in whose possession it was.