What is the ruling on selling on condition
Machine translationRead the Arabic original
The questioner : Yes. Peace be upon you.
The Shaykh : Peace be upon you.
The questioner : How are you, Shaykh?
The Shaykh : May Allah reward you for this program.
The questioner : May Allah bless you and benefit you.
The Shaykh : May Allah preserve you. I have a question: selling on condition? Selling on condition.
The questioner : The condition of sale. That is, some shops are part of a distribution company, and they bring in the goods. The shop owner has this new stock and says, "I condition that it sells in the market, or else, after a week or a month, you take your goods back." Yes, there is scholarly disagreement on this.
The Shaykh : Some say it is not permissible because it is uncertain. Others say it is permissible if he intends to return the entire stock. However, if he buys on the condition of sale and says, "I buy from you, for example, one hundred cartons at ten riyals each. If it sells, the sale is complete. If it does not sell, I return to you what remains," this is forbidden and not permissible. Because this is uncertain; the goods may sell or they may not. But better than that, if the shop owner fears that the goods will not sell, he should say, "I sell them to you as an agent, and I take so much for each piece."
The questioner : Yes, Shaykh.
The Shaykh : The company owner says, "I sell to you as an agent." He says, "No, I take, for example, so much for each piece, two or three riyals depending on the price." This is permissible. But to say, "I bought from you on the condition of sale; if it does not sell, I return it," that is uncertain.
The questioner : May Allah reward you, Shaykh, and you as well. Peace be upon you.
The Shaykh : The partner says, "I am selling to you on the condition that I am your agent." He says, "No, I will take, for example, so much and so much for each piece, two or three riyals depending on the price." This is permissible. However, if he says, "I bought from you for resale; whatever you resell, or at such a price, and if you do not resell it, I will return it," then this is unknown.
The presenter : May Allah reward you, O Shaykh, and you likewise. Peace be upon you.
The Shaykh : Peace be upon you.
The questioner : How are you, Shaykh?
The Shaykh : May Allah reward you for this program.
The questioner : May Allah bless you and benefit you.
The Shaykh : May Allah preserve you. I have a question: selling on condition? Selling on condition.
The questioner : The condition of sale. That is, some shops are part of a distribution company, and they bring in the goods. The shop owner has this new stock and says, "I condition that it sells in the market, or else, after a week or a month, you take your goods back." Yes, there is scholarly disagreement on this.
The Shaykh : Some say it is not permissible because it is uncertain. Others say it is permissible if he intends to return the entire stock. However, if he buys on the condition of sale and says, "I buy from you, for example, one hundred cartons at ten riyals each. If it sells, the sale is complete. If it does not sell, I return to you what remains," this is forbidden and not permissible. Because this is uncertain; the goods may sell or they may not. But better than that, if the shop owner fears that the goods will not sell, he should say, "I sell them to you as an agent, and I take so much for each piece."
The questioner : Yes, Shaykh.
The Shaykh : The company owner says, "I sell to you as an agent." He says, "No, I take, for example, so much for each piece, two or three riyals depending on the price." This is permissible. But to say, "I bought from you on the condition of sale; if it does not sell, I return it," that is uncertain.
The questioner : May Allah reward you, Shaykh, and you as well. Peace be upon you.
The Shaykh : The partner says, "I am selling to you on the condition that I am your agent." He says, "No, I will take, for example, so much and so much for each piece, two or three riyals depending on the price." This is permissible. However, if he says, "I bought from you for resale; whatever you resell, or at such a price, and if you do not resell it, I will return it," then this is unknown.
The presenter : May Allah reward you, O Shaykh, and you likewise. Peace be upon you.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1819- ما حكم البيع على شرط /سؤال على الهاتف 📞 /ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.