The ruling on selling cars and real estate that the seller does not possess
Machine translationRead the Arabic original
The questioner:
The Shaykh’s daughter, there are some companies that engage in installment sales, whether for cars or real estate.
The Shaykh:
Some companies that engage in installment sales, yes.
The questioner:
Whether for cars or real estate, the customer chooses the land or car he wants, and the company buys it and takes possession of it for this customer. What is the ruling on that?
The Shaykh:
The ruling on that is that it is not permissible unless the company owns these items, whether cars, lands, or buildings, from before. Then the customer comes and they sell it to him for a deferred price. As for them agreeing with him when they have nothing, signing the contract and committing to it, and then going to buy it, this is not permissible. The Messenger of Allah (peace and blessings be upon him) said, “Do not sell what you do not have.” They sold what they did not have, and this is selling a debt for a debt, which is not permissible. Unless these goods are in their possession before the customer comes to them. When the customer comes to them, they agree with him and sell it to him; there is no harm in selling it to him. But the fact that they are empty-handed and have nothing, because they are going to buy it and they have not yet had a customer come to them, fearing that it will be revealed that they have nothing. If a customer comes to them, they agree with him, they are silent, they sign, and that is the end of it. Then, when they do not write a paper with him to a place to deliver the car and register it in their name, nor send a representative with him to buy it and deliver it to him, do they buy it immediately after selling it to him?
Or they tell him, “Go and choose what you want from the people’s goods that they do not have. Choose what you want from the people’s goods and it will be yours.” This is not permissible. They sold what they did not sell.
The Shaykh’s daughter, there are some companies that engage in installment sales, whether for cars or real estate.
The Shaykh:
Some companies that engage in installment sales, yes.
The questioner:
Whether for cars or real estate, the customer chooses the land or car he wants, and the company buys it and takes possession of it for this customer. What is the ruling on that?
The Shaykh:
The ruling on that is that it is not permissible unless the company owns these items, whether cars, lands, or buildings, from before. Then the customer comes and they sell it to him for a deferred price. As for them agreeing with him when they have nothing, signing the contract and committing to it, and then going to buy it, this is not permissible. The Messenger of Allah (peace and blessings be upon him) said, “Do not sell what you do not have.” They sold what they did not have, and this is selling a debt for a debt, which is not permissible. Unless these goods are in their possession before the customer comes to them. When the customer comes to them, they agree with him and sell it to him; there is no harm in selling it to him. But the fact that they are empty-handed and have nothing, because they are going to buy it and they have not yet had a customer come to them, fearing that it will be revealed that they have nothing. If a customer comes to them, they agree with him, they are silent, they sign, and that is the end of it. Then, when they do not write a paper with him to a place to deliver the car and register it in their name, nor send a representative with him to buy it and deliver it to him, do they buy it immediately after selling it to him?
Or they tell him, “Go and choose what you want from the people’s goods that they do not have. Choose what you want from the people’s goods and it will be yours.” This is not permissible. They sold what they did not sell.
Source
البيع بالتقسيط لمن لا يملك السلع — alfawzan.live
The Arabic text is a machine transcription of the audio recording.