Sale After Possession and Ownership
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The first question of Fatwa No. ( 16384 ):
Q1: I agreed with a man that I would buy a car for him. I told him: It is from the showroom for (50,000) fifty thousand riyals, and when I bring it to you, you will pay me (60,000) sixty thousand riyals. Is this lawful?
A1: There is no harm in selling a car or other goods, if your sale of them is after you have bought them and taken possession of them in your ownership. It is permissible to sell them for a spot price or for a deferred price that is higher than the spot price, whether the deferred price is paid in installments or not. This is due to the saying of Allah the Exalted:[Al-Baqarah 2:275]
And His saying the Exalted:[Al-Baqarah 2:282] , and this includes the deferred price of the sold item. As for selling the goods to the one who requested them before you bought them and took possession of them, it is not permissible; because of what is established from the Prophet (peace and blessings be upon him) in the hadith of Zayd ibn Thabit (may Allah be pleased with him), who said: Bulugh al-Maram 7:27 , and he (peace and blessings be upon him) said: Sahih Muslim 1526c , and he (peace and blessings be upon him) said: Sunan Ibn Majah 2187Hasan (Darussalam) , and Ibn 'Umar (may Allah be pleased with them both) said: .
Q1: I agreed with a man that I would buy a car for him. I told him: It is from the showroom for (50,000) fifty thousand riyals, and when I bring it to you, you will pay me (60,000) sixty thousand riyals. Is this lawful?
A1: There is no harm in selling a car or other goods, if your sale of them is after you have bought them and taken possession of them in your ownership. It is permissible to sell them for a spot price or for a deferred price that is higher than the spot price, whether the deferred price is paid in installments or not. This is due to the saying of Allah the Exalted:
But Allah has permitted trade
وَأَحَلَّ اللَّهُ الْبَيْعَAnd His saying 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 فَاكْتُبُوهُThis is because Allah's Messenger (ﷺ) forbade that commodities to be sold in the place where they were bought, till the traders take them to their dwellings.
نهى رسول الله صلى الله عليه وسلم أن تباع السلع حيث تبتاع حتى يحوزها التجار إلى رحالهمHe who bought foodgrain should not sell it until he had taken full possession of it
من اشترى طعامًا فلا يبعه حتى يستوفيهDo not sell what is not with you.
لا تبع ما ليس عندكWe used to buy food in bulk, and the Messenger of Allah (peace and blessings be upon him) would send someone to us to forbid us from selling it until we moved it to our dwellings
كنا نشتري الطعام جزافًا، فيبعث إلينا رسول الله صلى الله عليه وسلم من ينهانا أن نبيعه حتى ننقله إلى رحالنا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
