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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on selling a car purchased on installment before it is moved

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Question:
He says: Honorable Shaykh, may Allah grant you success, what is the ruling on this form of sale, where a person buys a car from another person on installment and then sells it to a third person while it is still in the same place, having not moved it? And if this form is not permissible, does moving the car from its place a short distance and then returning it to its place again remove the prohibition?

Answer:
This is based on the disagreement you have heard: Is it sufficient for taking possession of the car to receive the key and have it in the buyer's control, even if it is in the seller's location? This is the school's position: if he gives the car key and he is able to access it, this is considered taking possession, what he takes by taking it. But the correct and stronger opinion is that the buyer must move it from the seller's place to his own place, and then he may dispose of it. [The Prophet] forbade selling goods where they are sold until the merchants take them to their homes. This is undoubtedly more pleasing, safer, and further from the path of [prohibition]. But if he acts according to the first opinion and sells, or I say the sale is invalid, but we say he erred in this. The second time, take the car and move it from the seller's place to his place, then sell it. Yes. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/74 شرح زاد المستقنع/ صالح الفوزان — youtube.com (42:40)

The Arabic text is a machine transcription of the audio recording.

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