Taking possession of soap in a forward sale
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A man sold on credit for a specified term and gave a man money on the condition that he would give him one hundred and sixty soaps on such-and-such a day. When the term arrived, he went to a shopkeeper and bought one hundred and sixty soaps from him. The question is: does he have to take the soap out to deliver it to the buyer, or can he just inform him of its location without requiring it to be taken out, and then go and collect it himself?
Answer:
If he bought it, he must move it from the seller’s location and deliver it. He must move it because taking possession is obligatory, and taking possession is only achieved by moving it. This is the most cautious and complete course of action: he moves it from the seller’s location and delivers it to the creditor. Yes.
He says: Honorable Shaykh, may Allah grant you success. A man sold on credit for a specified term and gave a man money on the condition that he would give him one hundred and sixty soaps on such-and-such a day. When the term arrived, he went to a shopkeeper and bought one hundred and sixty soaps from him. The question is: does he have to take the soap out to deliver it to the buyer, or can he just inform him of its location without requiring it to be taken out, and then go and collect it himself?
Answer:
If he bought it, he must move it from the seller’s location and deliver it. He must move it because taking possession is obligatory, and taking possession is only achieved by moving it. This is the most cautious and complete course of action: he moves it from the seller’s location and delivers it to the creditor. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/79 شرح زاد المستقنع/ صالح الفوزان — youtube.com (15:14)
The Arabic text is a machine transcription of the audio recording.