How should one proceed if he owns a commodity, for example, but cannot take possession of it due to the distance or the like?
Machine translationRead the Arabic original
The questioner : If it is short by a riyal, he should keep it with him, meaning as a precaution.
The Shaykh : The problem is that it appears to be sold while it is still in its place.
The questioner : But this, or did he sell it while it was present in advance?
The Shaykh: Yes.
The questioner : All right, a question for our Shaykh: Is it possible for possession to be of something that is not feasible, meaning, for example, a person is here in Saudi Arabia, and there is oil, for example, in a port in the Netherlands in Amsterdam, and it is not possible, for example, for him to come here and take possession of it, the matter is long, meaning the purpose is trade.
The Shaykh : It is not necessary, Professor, for it to be transported from a distance of a thousand kilometers or five hundred or whatever, the important thing is to transfer it to a secure place on behalf of the buyer, then he does what he wishes, because this becomes a cause of dispute between the seller and the buyer.
The questioner : For example, it will be in an oil tanker, and the oil tanker is rented out.
The Shaykh: All right.
The questioner : He is not the owner, this oil in it is not for the driver of this tanker or its captain.
The Shaykh: All right.
The questioner : Rather, he is an intermediary, if so-and-so bought it today, it belongs to so-and-so, if so-and-so bought it after that, it belongs to so-and-so.
The Shaykh : All right, this tanker can move with the barrels of oil on it to another place.
The questioner : Yes, you may.
The Shaykh : This is it, this is obligatory.
The questioner : Where does it move to?
The Shaykh : How?
The questioner : Meaning, where does it move to, to the buyer's place, where the buyer wants?
The Shaykh : Yes.
The questioner : If the buyer says to them: Keep this tanker in such-and-such a place.
The Shaykh : No problem, the important thing is that it moves from the place of sale.
The questioner : Yes, it is moving, usually it is not stationary.
The Shaykh : Doctor, it must not be a formal matter, a matter of reservation.
The questioner : This now entails that all global trade now is on this pattern, as you mentioned, for example, iron, silver, gold, benzene, zinc, all these things are bought and sold in this way.
The Shaykh : Is this now praise or blame?
The questioner : No, this is a statement of reality.
The Shaykh : A statement of reality, but is it in accordance with the Shari'ah or contrary to it?!
The questioner : This matter.
The Shaykh : What is our duty now, to develop trade according to our Shari'ah, or to develop our Shari'ah according to people's trade, especially when those who own it and dispose of it are the enemies of Allah?!
The Shaykh : The problem is that it appears to be sold while it is still in its place.
The questioner : But this, or did he sell it while it was present in advance?
The Shaykh: Yes.
The questioner : All right, a question for our Shaykh: Is it possible for possession to be of something that is not feasible, meaning, for example, a person is here in Saudi Arabia, and there is oil, for example, in a port in the Netherlands in Amsterdam, and it is not possible, for example, for him to come here and take possession of it, the matter is long, meaning the purpose is trade.
The Shaykh : It is not necessary, Professor, for it to be transported from a distance of a thousand kilometers or five hundred or whatever, the important thing is to transfer it to a secure place on behalf of the buyer, then he does what he wishes, because this becomes a cause of dispute between the seller and the buyer.
The questioner : For example, it will be in an oil tanker, and the oil tanker is rented out.
The Shaykh: All right.
The questioner : He is not the owner, this oil in it is not for the driver of this tanker or its captain.
The Shaykh: All right.
The questioner : Rather, he is an intermediary, if so-and-so bought it today, it belongs to so-and-so, if so-and-so bought it after that, it belongs to so-and-so.
The Shaykh : All right, this tanker can move with the barrels of oil on it to another place.
The questioner : Yes, you may.
The Shaykh : This is it, this is obligatory.
The questioner : Where does it move to?
The Shaykh : How?
The questioner : Meaning, where does it move to, to the buyer's place, where the buyer wants?
The Shaykh : Yes.
The questioner : If the buyer says to them: Keep this tanker in such-and-such a place.
The Shaykh : No problem, the important thing is that it moves from the place of sale.
The questioner : Yes, it is moving, usually it is not stationary.
The Shaykh : Doctor, it must not be a formal matter, a matter of reservation.
The questioner : This now entails that all global trade now is on this pattern, as you mentioned, for example, iron, silver, gold, benzene, zinc, all these things are bought and sold in this way.
The Shaykh : Is this now praise or blame?
The questioner : No, this is a statement of reality.
The Shaykh : A statement of reality, but is it in accordance with the Shari'ah or contrary to it?!
The questioner : This matter.
The Shaykh : What is our duty now, to develop trade according to our Shari'ah, or to develop our Shari'ah according to people's trade, especially when those who own it and dispose of it are the enemies of Allah?!
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.