Agency in purchasing and selling an item before taking possession of it
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The first and second questions of Fatwa No. ( 19912 )
Q1: A customer came to me and asked me to purchase a large quantity of goods. I did not have sufficient funds to fulfill his request, so I asked him to give me half the cost of the goods so that I could secure them for him. Does this request fall under the sale of gharar (excessive uncertainty in a contract)? Is it permissible to ask him for a deposit as a guarantee for his purchase so that I do not incur a loss? And what is the permissible deposit?
A1: If you are his agent in purchasing the item the customer wants, there is no harm in taking the price of the item or part of it from the one who appointed you to purchase this item. You then purchase it for him according to the specifications he mentioned to you. This is not called a sale, because you do not own the goods at the time of the agency. It is not called a salam (a forward sale paid in advance), because a salam is a contract for a specified item in the debtor's possession, defined by its description, deferred for a known period, with the condition that the full price is paid in the contract session. However, if the contract between you and him is based on your selling this
item to him, and then you purchase it for him, this is not permissible; because it is not permissible to sell what one does not own. Therefore, it is not permissible to contract with him, or take part of the price, or a deposit, until after you have purchased the item, taken possession of it, and acquired it into your ownership. The sale of a deposit is permissible and valid for one who sells an item he owns, if the seller and buyer agree on it. It is that the buyer pays the seller or his agent a sum of money less than the price of the item after the completion of the sale contract, to guarantee the item so that no one else takes it, on the condition that if the buyer takes the item, it is counted toward the price, and if he does not take it, the seller has the right to take it and own it. The permissibility of the deposit is indicated by the action of 'Umar ibn al-Khattab (may Allah be pleased with him). The Imam Ahmad said regarding the sale of a deposit: there is no harm in it. Ibn 'Umar (may Allah be pleased with them both) permitted it. As for the hadith narrated from the Messenger of Allah (peace and blessings be upon him) in the wording: it is a weak hadith, weakened by the Imam Ahmad and others, so it is not used as evidence.
Q1: A customer came to me and asked me to purchase a large quantity of goods. I did not have sufficient funds to fulfill his request, so I asked him to give me half the cost of the goods so that I could secure them for him. Does this request fall under the sale of gharar (excessive uncertainty in a contract)? Is it permissible to ask him for a deposit as a guarantee for his purchase so that I do not incur a loss? And what is the permissible deposit?
A1: If you are his agent in purchasing the item the customer wants, there is no harm in taking the price of the item or part of it from the one who appointed you to purchase this item. You then purchase it for him according to the specifications he mentioned to you. This is not called a sale, because you do not own the goods at the time of the agency. It is not called a salam (a forward sale paid in advance), because a salam is a contract for a specified item in the debtor's possession, defined by its description, deferred for a known period, with the condition that the full price is paid in the contract session. However, if the contract between you and him is based on your selling this
item to him, and then you purchase it for him, this is not permissible; because it is not permissible to sell what one does not own. Therefore, it is not permissible to contract with him, or take part of the price, or a deposit, until after you have purchased the item, taken possession of it, and acquired it into your ownership. The sale of a deposit is permissible and valid for one who sells an item he owns, if the seller and buyer agree on it. It is that the buyer pays the seller or his agent a sum of money less than the price of the item after the completion of the sale contract, to guarantee the item so that no one else takes it, on the condition that if the buyer takes the item, it is counted toward the price, and if he does not take it, the seller has the right to take it and own it. The permissibility of the deposit is indicated by the action of 'Umar ibn al-Khattab (may Allah be pleased with him). The Imam Ahmad said regarding the sale of a deposit: there is no harm in it. Ibn 'Umar (may Allah be pleased with them both) permitted it. As for the hadith narrated from the Messenger of Allah (peace and blessings be upon him) in the wording:
He prohibited the sale of a deposit
نهى عن بيع العربون
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.