Mentioning the two parties in a sale contract
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The first and second questions of Fatwa No. ( 11170 )
Q1, 2: I am the owner of a car showroom. I deal in buying used cars, and I buy cars with some of the used car dealers in my showroom. However, when buying a car from its owner, we draw up a sale contract that writes the seller's name and full information, and the contract is signed, but the buyer's name is left blank in the sale contract. It remains blank for a long time until a buyer comes for this car, and his name is placed in the buyer's spot. I do not have my name on it, even though I am the first buyer. Is this practice permissible, and is this contract valid in this sale? The reason for this is that when I buy this car and it remains in the showroom until a buyer comes for it, we complete the sale contract with his name. Also, because if I made the first contract in my name, it would cost me a fee to transfer ownership to my name. I am a person who has cars and sells them on installment to whoever wants them, but the one who buys them sells them in my name without transferring ownership to his name after buying them from me. Is this permissible in Sharia, as mentioned above, or not? Please issue a ruling, may Allah reward you with good.
A1, 2: It is obligatory in a sale contract to mention the two parties: the seller
and the buyer, so that the effects of the contract are established. As for being content with a sale contract with only one party when writing the contract, and then not writing the second party until the car is sold a second time, when a new buyer is written, this involves harm; therefore, it is not permissible to contract in this manner.
Q1, 2: I am the owner of a car showroom. I deal in buying used cars, and I buy cars with some of the used car dealers in my showroom. However, when buying a car from its owner, we draw up a sale contract that writes the seller's name and full information, and the contract is signed, but the buyer's name is left blank in the sale contract. It remains blank for a long time until a buyer comes for this car, and his name is placed in the buyer's spot. I do not have my name on it, even though I am the first buyer. Is this practice permissible, and is this contract valid in this sale? The reason for this is that when I buy this car and it remains in the showroom until a buyer comes for it, we complete the sale contract with his name. Also, because if I made the first contract in my name, it would cost me a fee to transfer ownership to my name. I am a person who has cars and sells them on installment to whoever wants them, but the one who buys them sells them in my name without transferring ownership to his name after buying them from me. Is this permissible in Sharia, as mentioned above, or not? Please issue a ruling, may Allah reward you with good.
A1, 2: It is obligatory in a sale contract to mention the two parties: the seller
and the buyer, so that the effects of the contract are established. As for being content with a sale contract with only one party when writing the contract, and then not writing the second party until the car is sold a second time, when a new buyer is written, this involves harm; therefore, it is not permissible to contract in this manner.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.