The ruling on selling imported goods before they arrive at the port
Machine translationRead the Arabic original
The questioner : Shaykh, may Allah bless you. It has become the custom of some merchants in the country, perhaps out of necessity, that they buy goods, for example foodstuffs, before they even arrive at the port, by a day or two. If they are informed that the ship carrying these goods will arrive tomorrow, or the day after, or two days later, they begin to sell. They begin to sell the goods, and the goods are known, for example, these are the goods.
The Shaykh : It is permissible to sell them by specific identification, or by description. There is no harm in saying, for example, “A hundred sacks of rice have come to you, with such and such specifications, and such and such qualities.” There is no obstacle to this, and this becomes a debt on the person’s account, not on the cargo. However, if he sells what is in the cargo, that is a source of harm, because sometimes the cargo may be destroyed by sinking or otherwise, and he would not be able to fulfill the sale.
The questioner : And the custom there is that if it actually sinks, he will receive his money.
The Shaykh : Who will he receive it from? From whom will he receive it?
The questioner : And so, the custom is usually like this.
The Shaykh : If we assume that the goods are destroyed at the seller’s expense, disputes and conflicts may arise, and he may have to claim against the ship owner, and the period may be prolonged.
The questioner : The benefactor.
The Shaykh : The prohibition is only if it is not described on the person’s account. If it is described, there is no harm.
The Shaykh : It is permissible to sell them by specific identification, or by description. There is no harm in saying, for example, “A hundred sacks of rice have come to you, with such and such specifications, and such and such qualities.” There is no obstacle to this, and this becomes a debt on the person’s account, not on the cargo. However, if he sells what is in the cargo, that is a source of harm, because sometimes the cargo may be destroyed by sinking or otherwise, and he would not be able to fulfill the sale.
The questioner : And the custom there is that if it actually sinks, he will receive his money.
The Shaykh : Who will he receive it from? From whom will he receive it?
The questioner : And so, the custom is usually like this.
The Shaykh : If we assume that the goods are destroyed at the seller’s expense, disputes and conflicts may arise, and he may have to claim against the ship owner, and the period may be prolonged.
The questioner : The benefactor.
The Shaykh : The prohibition is only if it is not described on the person’s account. If it is described, there is no harm.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [3977] حكم بيع البضاعة المستوردة قبل أن تصل إلى الميناء - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
