If you know that a person is looking for a specific item, is it permissible for me to sell him this item even though I do not own it?
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The questioner : The questioner says, honorableThe Shaykh : May Allah guide you and benefit through you. The question is: If you know that a person is looking for a specific item, is it permissible for me to sell him this item even though I do not own it? But after I take the money from him, I go and buy this item from the market for a price lower than the amount I took from him. We ask for clarification, and we thank you greatly.
The Shaykh : This is not permissible. The scenario is: a person comes to another and says, "I want such-and-such an item," and he does not have it. So he sells it to him, takes the price, and buys it for less than what he sold it for. This is not advice in any way. Then, is he guaranteed to find this item? He may have seen it with one of the people, and that person may have sold it, so it has left his ownership. Then there remains a dispute between him and the buyer. Do not say to us that salam (forward sale) was known in the time of the Prophet (peace and blessings be upon him). That is: a man comes to the owner of an orchard and says, "Here is one thousand riyals; give me fruit from the palm trees, or crops, or grain from the crops, after one year." This is permissible, and the Companions practiced it. But our case is not salam; the case is a present sale for a present payment. He relied on what he assumed, that the goods were present in such-and-such a place, and then he did not find them. What happens? Answer, people. It becomes a dispute. And he says, "You sold it to me." He says, "I did not find it." Then, if its existence is guaranteed, how does he deceive his partner? He sells it to him for one thousand and buys it for eight hundred. This transaction is forbidden. A person should fear Allah (Mighty and Majestic). And the Prophet (peace and blessings be upon him) forbade Hakim ibn Hizam (may Allah be pleased with him) from selling what he does not have. Yes.
The Shaykh : This is not permissible. The scenario is: a person comes to another and says, "I want such-and-such an item," and he does not have it. So he sells it to him, takes the price, and buys it for less than what he sold it for. This is not advice in any way. Then, is he guaranteed to find this item? He may have seen it with one of the people, and that person may have sold it, so it has left his ownership. Then there remains a dispute between him and the buyer. Do not say to us that salam (forward sale) was known in the time of the Prophet (peace and blessings be upon him). That is: a man comes to the owner of an orchard and says, "Here is one thousand riyals; give me fruit from the palm trees, or crops, or grain from the crops, after one year." This is permissible, and the Companions practiced it. But our case is not salam; the case is a present sale for a present payment. He relied on what he assumed, that the goods were present in such-and-such a place, and then he did not find them. What happens? Answer, people. It becomes a dispute. And he says, "You sold it to me." He says, "I did not find it." Then, if its existence is guaranteed, how does he deceive his partner? He sells it to him for one thousand and buys it for eight hundred. This transaction is forbidden. A person should fear Allah (Mighty and Majestic). And the Prophet (peace and blessings be upon him) forbade Hakim ibn Hizam (may Allah be pleased with him) from selling what he does not have. Yes.