The ruling on selling a car that is not in the showroom
Machine translationRead the Arabic original
The questioner : We mentioned that if the car, for example, is not with the showroom owner, but he went and bought it to sell it to the buyer, this is a ruse contrary to the evidence. But if the buyer does not know whether the showroom owner has a car or not? Because nowadays, in some showrooms, orders are submitted by buyers, and I do not know if they have cars in the showrooms?
The Shaykh : He must know that he has it. He must know that it is there. So if it is not with him, how can he sell what he does not own?
The questioner : But is the buyer required to ask and investigate?
The Shaykh : If he finds it with him, then it is with him.
The questioner : It may not be with them; it is a transaction. Yes.
The Shaykh : There is no objection if he says, "Yes, it is with me, but it is in such-and-such a showroom or in such-and-such a warehouse," and he is trustworthy, then there is no harm.
The questioner : Yes, but the apparent situation, O Shaykh, in this case is that it is not with him, because usually it is not with him. They only accept orders, and after a certain number of orders are gathered, after they bring the quantity,
The Shaykh : it is obligatory that they write the orders and do not finalize the contract.
The questioner : Yes, you.
The Shaykh : If it arrives, he sells it to him, and there is no harm.
The questioner : We did not say this now that we have it.
The Shaykh : No, no, we do not say that now.
The questioner : Because our man.
The Shaykh : regarding riba (usury or interest), he comes to the merchant and says, "I want such-and-such a car," and the merchant buys it from the showroom and sells it to him.
The questioner : O Sa'id.
The Shaykh : No, no, it is not possible.
The questioner : Meaning, do you have a car?
The Shaykh : But the one selling to him is the same showroom, not a third party. In the issue of me being a third party,
The questioner : there is a form we do not like.
The Shaykh : No, there is nothing wrong with it, but do not conclude the sale until the car arrives.
The Shaykh : He must know that he has it. He must know that it is there. So if it is not with him, how can he sell what he does not own?
The questioner : But is the buyer required to ask and investigate?
The Shaykh : If he finds it with him, then it is with him.
The questioner : It may not be with them; it is a transaction. Yes.
The Shaykh : There is no objection if he says, "Yes, it is with me, but it is in such-and-such a showroom or in such-and-such a warehouse," and he is trustworthy, then there is no harm.
The questioner : Yes, but the apparent situation, O Shaykh, in this case is that it is not with him, because usually it is not with him. They only accept orders, and after a certain number of orders are gathered, after they bring the quantity,
The Shaykh : it is obligatory that they write the orders and do not finalize the contract.
The questioner : Yes, you.
The Shaykh : If it arrives, he sells it to him, and there is no harm.
The questioner : We did not say this now that we have it.
The Shaykh : No, no, we do not say that now.
The questioner : Because our man.
The Shaykh : regarding riba (usury or interest), he comes to the merchant and says, "I want such-and-such a car," and the merchant buys it from the showroom and sells it to him.
The questioner : O Sa'id.
The Shaykh : No, no, it is not possible.
The questioner : Meaning, do you have a car?
The Shaykh : But the one selling to him is the same showroom, not a third party. In the issue of me being a third party,
The questioner : there is a form we do not like.
The Shaykh : No, there is nothing wrong with it, but do not conclude the sale until the car arrives.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 3643 - 4600 ما الحكم إذا قدمت طلب لأحد معارض السيارات بشراء سيارة ثم ذهب واشتراها...؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.