Is it sufficient for the possession of an oil tanker loading those barrels that it moves only a few meters?
Machine translationRead the Arabic original
The questioner : The issue of control, I am focusing on it now: I mean, is it sufficient that the tanker moves a few meters from its location?
The Shaykh : I said, may Allah reward you, just now that it should not be a formal matter; the matter should be substantive.
The questioner : And how is it substantive?
The Shaykh : By Allah, this is a matter that merchants know how it is.
The questioner : In a word, in a location, I understand the Shaykh’s intent. For example, the tanker is in this location that belongs to the seller, or based on the seller’s leasing of this location. The buyer leases another location and tells the tanker to move to this location that he leased. This is possession.
The Shaykh : Yes, meaning it should not be a mere turn and a loop as they say, meaning we moved the ship from this place to that place and it is done. No, rather the buyer must secure this cargo such that the original seller cannot dispose of it if he is tempted by a higher price.
The questioner : It may be said that possession is realized by the fact that the time is calculated. The time of the tanker’s mooring in this port is charged to this buyer instead of the original owner, meaning its rental is calculated by the hour or by the day.
The Shaykh : Therefore, I said these are matters I do not know, but the important thing is that the separation and the transfer of ownership to the buyer are realized one hundred percent. If what you have mentioned achieves the goal, then that is fine.
The questioner : And if it is realized by the transfer of the rental, such that the rental calculation moves from one person to another, meaning instead of being charged to so-and-so, it moves to so-and-so by such an hour or such a minute.
The Shaykh : And it follows from that that the original seller cannot dispose of this cargo.
The questioner : His ownership ends completely.
The Shaykh: Yes.
The questioner : In terms of commitment to obligations, therefore, the transfer is not required in this case, meaning its transfer on land, because the calculation of the ship’s or tanker’s fee has moved to the buyer, and so has the land itself.
The Shaykh : It is not hidden from any of you that these legal rulings are all from the category of blocking the means to harm, so that no dispute enters between the seller and the buyer. So whatever achieves this purpose is what permits it to be said at that time that this is the buyer’s wealth and not the seller’s, with no intervention by the seller. If it is in the form proposed by the professor here, or a form you propose, this requires a man who is knowledgeable about trade and its arts, in addition to being knowledgeable about the rulings of the Shari'ah.
The Shaykh : I said, may Allah reward you, just now that it should not be a formal matter; the matter should be substantive.
The questioner : And how is it substantive?
The Shaykh : By Allah, this is a matter that merchants know how it is.
The questioner : In a word, in a location, I understand the Shaykh’s intent. For example, the tanker is in this location that belongs to the seller, or based on the seller’s leasing of this location. The buyer leases another location and tells the tanker to move to this location that he leased. This is possession.
The Shaykh : Yes, meaning it should not be a mere turn and a loop as they say, meaning we moved the ship from this place to that place and it is done. No, rather the buyer must secure this cargo such that the original seller cannot dispose of it if he is tempted by a higher price.
The questioner : It may be said that possession is realized by the fact that the time is calculated. The time of the tanker’s mooring in this port is charged to this buyer instead of the original owner, meaning its rental is calculated by the hour or by the day.
The Shaykh : Therefore, I said these are matters I do not know, but the important thing is that the separation and the transfer of ownership to the buyer are realized one hundred percent. If what you have mentioned achieves the goal, then that is fine.
The questioner : And if it is realized by the transfer of the rental, such that the rental calculation moves from one person to another, meaning instead of being charged to so-and-so, it moves to so-and-so by such an hour or such a minute.
The Shaykh : And it follows from that that the original seller cannot dispose of this cargo.
The questioner : His ownership ends completely.
The Shaykh: Yes.
The questioner : In terms of commitment to obligations, therefore, the transfer is not required in this case, meaning its transfer on land, because the calculation of the ship’s or tanker’s fee has moved to the buyer, and so has the land itself.
The Shaykh : It is not hidden from any of you that these legal rulings are all from the category of blocking the means to harm, so that no dispute enters between the seller and the buyer. So whatever achieves this purpose is what permits it to be said at that time that this is the buyer’s wealth and not the seller’s, with no intervention by the seller. If it is in the form proposed by the professor here, or a form you propose, this requires a man who is knowledgeable about trade and its arts, in addition to being knowledgeable about the rulings of the Shari'ah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.