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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on selling a described commodity in the debt before taking possession of it

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Question:
Some people may be found in places where they take orders for companies abroad, giving them the deals without the commodity being in their possession, and then, once they receive the price, they begin importing the commodity. Is this sale permissible, even if the commodity is described in a way that leads to ambiguity?

Answer:
Yes, it is permissible to sell a described commodity in the debt with a description that eliminates ambiguity; there is no harm in it. However, the condition is that the price must be paid in the session of the contract. If the price is not paid in the session of the contract, it is not permissible, because it would be a sale of debt for debt: the price is a debt and the item sold is a debt. This is what is not permissible. The Prophet (peace and blessings be upon him) prohibited
Narrated Abu Al-Bakhtari: I asked Ibn `Umar about Salam for dates. Ibn `Umar replied, "The Prophet (ﷺ) forbade the sale (the fruits) of date-palms until they were fit for eating and also forbade the sale of silver for gold on credit." I also asked Ibn `Abbas about it. Ibn `Abbas replied, "The Prophet (ﷺ) forbade the sale of dates till they were fit for eating, and could be weighed." I asked him, "What is to be weighed (as the dates are on the trees)?" A man sitting by Ibn `Abbas said, "It means till they are cut and stored."النبي صلى الله عليه وسلم عن بيع الكالي بالكالي
Sahih al-Bukhari 2249, 2250
. Selling kaly by kaly is selling debt for debt. If one buys a described commodity in the debt, such as twenty cars or a hundred cars of a certain model, to be delivered to him, this is valid and permissible, but on the condition that you pay the entire value in the session of the contract.
And when the cars arrive, you go and take delivery of them. If they match the descriptions, you take them; otherwise, you say, "No, bring me others that match the description." Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 9 من 89|شرح العدة في شرح العمدة|البيوع|فصل في حكم بيع الملامسة والمنابذة|صالح الفوزان|الفقه — youtube.com (36:04)

The Arabic text is a machine transcription of the audio recording.

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