Tawarruq and selling a commodity before purchasing it
Machine translationRead the Arabic original
The second question of Fatwa No. ( 4008 )
Q2: My father deals in what is called today debt. For example, my father lends two hundred on a thousand. So if someone wants to borrow, he tells my father. My father goes to the market and buys bolts of cloth for the amount the man requests. For instance, if a man requests 6,000 riyals, my father buys the cloth for that amount and leaves it with the seller. Then the borrower comes and goes with my father to the market, along with the scribe and two witnesses. The man buys the cloth from my father, and the borrower returns and sells the cloth to the same shop owner, receiving the money. The cloth remains in the shop. It is bought from the seller and then he retrieves it, meaning he buys it back. He says he relies on the verse:[Al-Baqarah 2:282] Does the meaning of the verse apply now?
A2: First: If your father sells to someone who requests a commodity from him for a deferred price before he buys it from the market, it is not permissible; due to the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 2187Hasan (Darussalam) .
Second: Selling what is worth a thousand cash for one thousand and two hundred at a known term is valid; due to the generality of the saying of Allah the Exalted:[Al-Baqarah 2:282] the verse. Third: It is obligatory for your father to take possession of the commodity after buying it; so that the second contract is valid. It is established from the Messenger of Allah (peace and blessings be upon him) that he said: Sahih Muslim 1528a narrated by Muslim, and it was reported regarding food that one who buys it should not sell it until he takes full possession of it, from the hadith of a group of the Companions. And it was reported in a more general sense than food, the hadith of Hakim ibn Hizam , in Ahmad , he said: , and al-Daraqutni and Abu Dawud reported from the hadith of Zayd ibn Thabit, Sunan al-Bayhaqi 5:270 , and the seven [books] except al-Tirmidhi reported from the hadith of Ibn Abbas , that the Prophet (peace and blessings be upon him) said: Sunan Ibn Majah 2226Sahih (Darussalam) Ibn Abbas said: And I do not think anything is except like it. So the hadiths indicate that it is not permissible to sell any commodity that was bought except after the seller takes possession of it and takes full possession of it. Fourth: If your father takes possession of the cloth, it is permissible for him to sell it.
Fifth: The one who buys it from your father must take possession of it so that it is permissible for him to sell it. Sixth: The one who buys the commodity for a deferred price in order to sell it for a cash price due to his need for money has no blame on him, in the most correct of the scholars' opinions. It is called: the issue of tawarruq. And he is not allowed to sell it to the one who bought it from him for less than the price he bought it for.
Q2: My father deals in what is called today debt. For example, my father lends two hundred on a thousand. So if someone wants to borrow, he tells my father. My father goes to the market and buys bolts of cloth for the amount the man requests. For instance, if a man requests 6,000 riyals, my father buys the cloth for that amount and leaves it with the seller. Then the borrower comes and goes with my father to the market, along with the scribe and two witnesses. The man buys the cloth from my father, and the borrower returns and sells the cloth to the same shop owner, receiving the money. The cloth remains in the shop. It is bought from the seller and then he retrieves it, meaning he buys it back. He says he relies on the verse:
when you contract a debt for a specified term, write it down
إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَى أَجَلٍ مُسَمًّى فَاكْتُبُوهُA2: First: If your father sells to someone who requests a commodity from him for a deferred price before he buys it from the market, it is not permissible; due to the saying of the Prophet (peace and blessings be upon him):
Do not sell what is not with you.
لا تبع ما ليس عندكSecond: Selling what is worth a thousand cash for one thousand and two hundred at a known term is valid; due to the generality of the saying of Allah the Exalted:
O you who have believed, when you contract a debt for a specified term, write it down.
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَى أَجَلٍ مُسَمًّى فَاكْتُبُوهُHe who bought foodgrain should not sell it until he had measured it.
من اشترى طعامًا فلا يبعه حتى يكتالهI said: O Messenger of Allah, I buy purchases, so what is lawful for me from them, and what is forbidden for me? He said: If you buy something, do not sell it until you take possession of it
قلت: يا رسول الله: إني أشتري بيوعًا، فما يحل لي منها، وما يحرم علي؟ قال: إذا اشتريت شيئًا فلا تبعه حتى تقبضهThat the Prophet (peace and blessings be upon him) forbade selling the commodity where it is bought until the merchants take it to their dwellings
أن النبي صلى الله عليه وسلم نهى أن تباع السلعة حيث تبتاع حتى يحوزها التجار إلى رحالهمWhoever buys food, let him not sell it until he has taken full possession of it.
من ابتاع طعامًا فلا يبعه حتى يستوفيهFifth: The one who buys it from your father must take possession of it so that it is permissible for him to sell it. Sixth: The one who buys the commodity for a deferred price in order to sell it for a cash price due to his need for money has no blame on him, in the most correct of the scholars' opinions. It is called: the issue of tawarruq. And he is not allowed to sell it to the one who bought it from him for less than the price he bought it for.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.