Selling what one does not own
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The first question of Fatwa No. ( 5371 )
Q1: Some people ask me to give them cars on an installment basis. When they make the request, the cars are not available to me, but I agree with them on the price, and then they give me the specifications of the cars they want. At that point, I purchase the car and bring it to the buyer. If it matches the specifications he requested, it is his car; if something differs, he is not obligated to buy it, because he has the choice to inspect and turn the car over. Please inform us about the validity of this sale and purchase, may Allah reward you.
A1: If the situation is as you described, that you agree with the person seeking to buy the car on an installment basis to determine its price, and he gives you the specifications to bring it to him later, that is forbidden; because it is selling what you do not have. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) that he said:Jami` at-Tirmidhi 1234Sahih (Darussalam) .
Q1: Some people ask me to give them cars on an installment basis. When they make the request, the cars are not available to me, but I agree with them on the price, and then they give me the specifications of the cars they want. At that point, I purchase the car and bring it to the buyer. If it matches the specifications he requested, it is his car; if something differs, he is not obligated to buy it, because he has the choice to inspect and turn the car over. Please inform us about the validity of this sale and purchase, may Allah reward you.
A1: If the situation is as you described, that you agree with the person seeking to buy the car on an installment basis to determine its price, and he gives you the specifications to bring it to him later, that is forbidden; because it is selling what you do not have. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) that he said:
It 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.