The validity of a promise to purchase before ownership, not a purchase contract
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The second question of Fatwa No. ( 5269 )
Q2: Some people agree with another to buy a car without a down payment, where the seller takes one-third as profit. For example, if the car is worth twenty, he makes it thirty for him. If no agreement is reached, he does not buy the car; rather, he buys it with the intention of selling it to the one he agreed with.
A2: If a person sells a car to another before he owns and possesses it, the sale is not valid, whether he sells it for cash or on credit, and whether the profit is a percentage of the seller's purchase price, such as one-third, or a specific amount, and whether he pays a down payment of the price or pays nothing; because he sold it before taking possession of it, indeed before owning it. However, if he agrees with him to sell it to him after he owns and possesses it, it is permissible; because it is a promise to purchase, not a purchase contract. They may contract with each other afterwards to fulfill the promise, and it is permissible for him to sell it to someone else, just as it is permissible for the other to buy a car other than this one.
Q2: Some people agree with another to buy a car without a down payment, where the seller takes one-third as profit. For example, if the car is worth twenty, he makes it thirty for him. If no agreement is reached, he does not buy the car; rather, he buys it with the intention of selling it to the one he agreed with.
A2: If a person sells a car to another before he owns and possesses it, the sale is not valid, whether he sells it for cash or on credit, and whether the profit is a percentage of the seller's purchase price, such as one-third, or a specific amount, and whether he pays a down payment of the price or pays nothing; because he sold it before taking possession of it, indeed before owning it. However, if he agrees with him to sell it to him after he owns and possesses it, it is permissible; because it is a promise to purchase, not a purchase contract. They may contract with each other afterwards to fulfill the promise, and it is permissible for him to sell it to someone else, just as it is permissible for the other to buy a car other than this one.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
