The Ruling on Selling Goods with the Option to Return the Remainder
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. If the seller says, “Take this cargo of carpets, for example, and if you do not sell the rest, return it to me and I will give you its price,” is this also subject to the ruling that if the sold item perishes, it is on the buyer, otherwise he returns it? If the seller says, “Take this cargo of carpets, and if you do not sell the rest, return it to you”?
The Shaykh:
This is not valid; it is not a sale based on what he sold. He took it from the one who sold it, so it is yours, and it is on your guarantee. And what he did not sell is on the guarantee of the one who sold it. This is a wager; there is no sale in it. This is not valid.
He says: Honorable Shaykh, may Allah grant you success. If the seller says, “Take this cargo of carpets, for example, and if you do not sell the rest, return it to me and I will give you its price,” is this also subject to the ruling that if the sold item perishes, it is on the buyer, otherwise he returns it? If the seller says, “Take this cargo of carpets, and if you do not sell the rest, return it to you”?
The Shaykh:
This is not valid; it is not a sale based on what he sold. He took it from the one who sold it, so it is yours, and it is on your guarantee. And what he did not sell is on the guarantee of the one who sold it. This is a wager; there is no sale in it. This is not valid.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/71 شرح زاد المستقنع/ صالح الفوزان — youtube.com (15:30)
The Arabic text is a machine transcription of the audio recording.