Selling After Buying and Before It
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Fatwa No. ( 2869 )
Q: Some people come to me and ask me to buy cars from the company in my name, and I sell them to them on installments instead of them buying from the company; the purpose is that the company takes a guarantor who is in debt for them, and the installment is not delayed at the end of the month from them, and I do not take a guarantor from them. If one of them is unable to pay the monthly installment at the end of the month, I wait for him until he finds it and pays it to me at his ease and without cost to him for the payment. This is one part of the question.
The second part of the question: If a person asks me to buy a car and I do not have cars at that time, but I am tasked to look for a car for him and I insist on his request, and I go and buy a car from the showroom or the company in my name; for the purpose that I pay it to him, but I did not agree on its value until after I bought it, and it entered my ownership and I took it from the same showroom where it was, then I inform him of the value I bought it for, then the value I sell it for - is that permissible, or should I agree with him before we go to buy it on the value before that, then we go and take it in my name, then I write him another sale contract?
A: If you buy the car from the showroom in your name, and you take possession of it, then you sell it to a person for a spot price or a deferred price; then there is nothing wrong with that. But if you sell it to him before you buy it, or after you buy it and before you take possession of it, it is not permissible; due to the generality of the saying of the Messenger of Allah (peace and blessings be upon him):Sunan Ibn Majah 2187Hasan (Darussalam) narrated by the five from Hakim ibn Hizam, and it was also narrated by Ibn Hibban in his Sahih, and al-Tirmidhi said: Good and authentic. And in this chapter there is a report from 'Amr ibn Shu'ayb , from his father, from his grandfather, in the books of Abu Dawud and al-Tirmidhi , and it was authenticated by al-Nasa'i , and Ibn Majah . He said: The Messenger of Allah (peace and blessings be upon him) said: Jami` at-Tirmidhi 1234Sahih (Darussalam) . His saying: (what is not with you) means: what is not in your ownership. And this answer covers both parts.
Q: Some people come to me and ask me to buy cars from the company in my name, and I sell them to them on installments instead of them buying from the company; the purpose is that the company takes a guarantor who is in debt for them, and the installment is not delayed at the end of the month from them, and I do not take a guarantor from them. If one of them is unable to pay the monthly installment at the end of the month, I wait for him until he finds it and pays it to me at his ease and without cost to him for the payment. This is one part of the question.
The second part of the question: If a person asks me to buy a car and I do not have cars at that time, but I am tasked to look for a car for him and I insist on his request, and I go and buy a car from the showroom or the company in my name; for the purpose that I pay it to him, but I did not agree on its value until after I bought it, and it entered my ownership and I took it from the same showroom where it was, then I inform him of the value I bought it for, then the value I sell it for - is that permissible, or should I agree with him before we go to buy it on the value before that, then we go and take it in my name, then I write him another sale contract?
A: If you buy the car from the showroom in your name, and you take possession of it, then you sell it to a person for a spot price or a deferred price; then there is nothing wrong with that. But if you sell it to him before you buy it, or after you buy it and before you take possession of it, it is not permissible; due to the generality of the saying of the Messenger of Allah (peace and blessings be upon him):
Do not sell what is not with you.
لا تبع ما ليس عندكIt is not lawful to lend and sell, nor two conditions in a sale, nor to profit from what is not possessed, nor to sell what one does not have.
لا يحل سلف وبيع، ولا شرطان في بيع، ولا ربح ما لم يضمن، ولا بيع ما ليس عندك
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.