Things taken into possession (maqbud)

A thing taken into possession is one taken into the hand or brought into a person's custody and control. ¹

Measured, weighed or counted goods are taken by measure, weight or count; movables by moving them; animals by walking them from the place of contract; goods taken by the hand, such as jewels or money, by taking them up. Land, buildings, plantings and fruit still on the tree are taken by making them available, with the keys handed over and the place cleared. A buyer who destroys the goods has taken them into possession in law. ^{1 2}

A borrowed thing is liable if lost through fault, and there is dispute when it is lost without fault. A thing held on approval is liable even if lost without the holder's fault. For the Hanafis a pledged thing is liable up to the lesser of its value and the debt; for the Shafi'is and Hanbalis it is held in trust. A thing held on approval for a loan is liable for what was agreed. ^{2 3}