The Difference Between Salam Sales and Selling What One Does Not Own
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the difference between a salam sale and selling what one does not own?
Answer:
In a salam sale, the price is paid in the meeting. Selling what one does not own is a sale of a specific item; you say, "I will sell you so-and-so's car, or the cars in so-and-so's showroom." You have no business in it; you are merely advertising it now, and you will go arrange it from so-and-so, or you and so-and-so will settle it. This is not permissible because you sold him a specific item that you do not own. However, if you say, "I will sell you a car with such-and-such specifications, such-and-such a make, for such-and-such a price, and the price is paid to you in the meeting," this is permissible. This falls under the ruling of a salam sale. But selling a specific item that is not in your possession, such as so-and-so's cars or those in so-and-so's showroom, is not permissible, because it is a specific item, and you do not know whether you will obtain it or not.
Honorable Shaykh, what is the difference between a salam sale and selling what one does not own?
Answer:
In a salam sale, the price is paid in the meeting. Selling what one does not own is a sale of a specific item; you say, "I will sell you so-and-so's car, or the cars in so-and-so's showroom." You have no business in it; you are merely advertising it now, and you will go arrange it from so-and-so, or you and so-and-so will settle it. This is not permissible because you sold him a specific item that you do not own. However, if you say, "I will sell you a car with such-and-such specifications, such-and-such a make, for such-and-such a price, and the price is paid to you in the meeting," this is permissible. This falls under the ruling of a salam sale. But selling a specific item that is not in your possession, such as so-and-so's cars or those in so-and-so's showroom, is not permissible, because it is a specific item, and you do not know whether you will obtain it or not.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الرخصة في العرايا وبيع الأصول والثمار — islamhouse.com (29:12)
The Arabic text is a machine transcription of the audio recording.
