Selling what is not measured by volume or weight for its like or for something else, in equal or unequal amounts
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Fatwa No. ( 20021 )
Q: I bought (30) thirty head of sheep, one head for one head and one hundred riyals. The hundred riyals were paid immediately, and the sheep were to be delivered after a period of seven years. I have become doubtful about this. I ask Allah, then your excellence, to
issue a ruling for me, and may Allah preserve you.
A: The position of the majority of scholars is that what is not measured by volume or weight, such as clothing and animals, may be sold for its like or for something else, in equal or unequal amounts, with deferred payment, meaning the postponement of one of the two prices or part of it, provided the price paid in advance is taken possession of; so that it does not become a sale of a debt for a debt, which is prohibited by the Shari'ah. However, it is required that the type of the deferred price be specified, along with its number and description by which it is defined, and a known period for its delivery be set, so that no excessive uncertainty arises due to the lack of these. What indicates the permissibility of this is what was narrated by 'Abdullah ibn 'Amr ibn al-'As (may Allah be pleased with them both), who said: It was narrated by the Imam Ahmad in his Musnad, and this is its wording, vol. 2, p. 171. It was also narrated by Abu Dawud, and al-Daraqutni, and he graded it authentic, and al-Hafiz Ibn Hajar said: Its chain is reliable. Also indicating this is what al-Bukhari mentioned in his Sahih, vol. 3, p. 41, in the chapter on selling slaves and animals for animals with deferred payment. He stated that Ibn 'Umar (may Allah be pleased with them both) bought a riding camel for four camels, guaranteed by him, to be paid to their owner at al-Rabdhah, and he said
Ibn 'Abbas : A camel may be better than two camels. And Rafi' ibn Khadij (may Allah be pleased with him) bought a camel for two camels, so he gave him one of them and said: I will bring you the other tomorrow, a gentle one, if Allah wills. As for the hadiths prohibiting the sale of animals for animals with deferred payment, such as the hadith narrated by al-Tirmidhi in his Jami', from the Messenger of Allah (peace and blessings be upon him), from Samurah (may Allah be pleased with him),Mishkat al-Masabih 2822 - the Imam Ahmad provided reasons for the hadiths of prohibition, and said: There is no hadith in them that can be relied upon. And Abu Dawud said: When the hadiths from the Prophet (peace and blessings be upon him) differ, we look to what his Companions practiced after him. It is well-established from the Companions (may Allah be pleased with them) and those after them that it is permissible in unequal amounts and with deferred payment, and the Prophet (peace and blessings be upon him) ordered it as mentioned above. This indicates that it is the established practice of the Messenger of Allah (peace and blessings be upon him), so the hadiths prohibiting it are not strong enough to contradict it. Accordingly, it is permissible to sell thirty head of sheep for their like, one head for one head, or more with an addition of one hundred riyals, or less or more, for each head, whether the possession of the hundred riyals is stipulated in the contract session or the delivery of the hundred riyals is stipulated to be made together with the thirty head of deferred sheep, provided that the type, descriptions, and number of the deferred sheep are specified, and a known period for their delivery is set.
Q: I bought (30) thirty head of sheep, one head for one head and one hundred riyals. The hundred riyals were paid immediately, and the sheep were to be delivered after a period of seven years. I have become doubtful about this. I ask Allah, then your excellence, to
issue a ruling for me, and may Allah preserve you.
A: The position of the majority of scholars is that what is not measured by volume or weight, such as clothing and animals, may be sold for its like or for something else, in equal or unequal amounts, with deferred payment, meaning the postponement of one of the two prices or part of it, provided the price paid in advance is taken possession of; so that it does not become a sale of a debt for a debt, which is prohibited by the Shari'ah. However, it is required that the type of the deferred price be specified, along with its number and description by which it is defined, and a known period for its delivery be set, so that no excessive uncertainty arises due to the lack of these. What indicates the permissibility of this is what was narrated by 'Abdullah ibn 'Amr ibn al-'As (may Allah be pleased with them both), who said:
The Messenger of Allah (peace and blessings be upon him) prepared an army on camels from the camels of zakah until they were exhausted, and some people remained. So the Messenger of Allah (peace and blessings be upon him) said: Buy us camels from the young camels of zakah when they arrive, so that we can pay them to them. So I bought a camel for two, and three young camels, until I finished. Then the Messenger of Allah (peace and blessings be upon him) paid that from the camels of zakah
جهز رسول الله صلى الله عليه وسلم جيشًا على إبل من إبل الصدقة حتى نفدت، وبقي ناس، فقال رسول الله صلى الله عليه وسلم: اشتر لنا إبلاً من قلائص الصدقة إذا جاءت، حتى نؤديها إليهم، فاشتريت البعير بالاثنين، والثلاث قلائص، حتى فرغت، فأدى ذلك رسول الله صلى الله عليه وسلم من إبل الصدقةIbn 'Abbas : A camel may be better than two camels. And Rafi' ibn Khadij (may Allah be pleased with him) bought a camel for two camels, so he gave him one of them and said: I will bring you the other tomorrow, a gentle one, if Allah wills. As for the hadiths prohibiting the sale of animals for animals with deferred payment, such as the hadith narrated by al-Tirmidhi in his Jami', from the Messenger of Allah (peace and blessings be upon him), from Samurah (may Allah be pleased with him),
the Prophet, forbade selling animal for animals when payment was to be made at a later date
أن النبي صلى الله عليه وسلم نهى عن بيع الحيوان بالحيوان نسيئة
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.