Buying goods with an agreement to exchange them if they do not sell
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Question:
He says: Honorable Shaykh, may Allah grant you success. I bought goods from a shop and agreed with him that any goods that do not move or sell, I will exchange with him for something else, but without a condition. What is the ruling on that?
Answer:
This is not valid. If you bought it, you own it; it has exited his ownership and entered yours. But if you said it is on the condition of sale, they call this "on the condition of sale": if it sells and goes, it is mine; and if you return it to me, it is not like what the jurists say, "when the sold item is sold, or else return it." This is not permissible. The sale must not be suspended; it must be a definitive sale by which the sold item transfers from the seller's ownership to the buyer's ownership. It must not be suspended on a future condition. Yes.
He says: Honorable Shaykh, may Allah grant you success. I bought goods from a shop and agreed with him that any goods that do not move or sell, I will exchange with him for something else, but without a condition. What is the ruling on that?
Answer:
This is not valid. If you bought it, you own it; it has exited his ownership and entered yours. But if you said it is on the condition of sale, they call this "on the condition of sale": if it sells and goes, it is mine; and if you return it to me, it is not like what the jurists say, "when the sold item is sold, or else return it." This is not permissible. The sale must not be suspended; it must be a definitive sale by which the sold item transfers from the seller's ownership to the buyer's ownership. It must not be suspended on a future condition. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 11 من 86 /شرح كتاب إغاثة اللهفان في مصائد الشيطان/لذة القلب/صالح الفوزان/العقيدة/كبار العلماء — youtube.com (1:05:18)
The Arabic text is a machine transcription of the audio recording.