A man paid a down payment for a house and sold it before paying the full price to the original owner of the house; is this action permissible?

The questioner : A man paid a down payment for a house and sold it before paying the full price to the original owner of the house; is this action permissible?

The Shaykh : From whom did he buy the house?

The questioner : He paid a down payment and bought a house.

Another questioner : ... in the new buildings.

The questioner : ... .

The Shaykh : Who bought it?

The questioner : From the owner of the house.

The Shaykh : From the owner of the house.

The questioner : And before paying the full price, he sold it before taking possession of the house; is this action permissible?

The Shaykh : I fear there is a trick in the matter.

Another questioner : No, there isn't.

Another questioner : To make a profit.

The Shaykh : If he sold it in a normal sale, meaning he sold it to make a profit, for example, not to take a loss.

The questioner : He sold it to make a profit.

The Shaykh: Yes.
There is no obstacle to that.

Another questioner : Before he took possession of the house, he has not taken possession of it yet.

The Shaykh : Has he not lived in it?

Another questioner : He has not taken possession of it; it is still on the map.

The Shaykh : How is the question, Professor?

Another questioner : This is the owner of the question; please go ahead.

The questioner : Now, the custom is that the owner... wants to buy a house, either we sold it to him or it is still on the map, so his sale is valid... before he takes possession of it, he is paying a deposit... actually... and his sale comes, he sells it.

Another questioner : Before he takes possession of it.

The questioner : No, on the basis of...

Another questioner : Yes, yes, before he takes possession of it, before it is built as well.
...

Another questioner : Even before it is built!

The questioner : He sold it for a profit; is it permissible to sell it or not?

The Shaykh : If there is no trick between the seller and the buyer, it is permissible.

The questioner : On the basis of profit, for a profit.
...

Another questioner : If he has not taken possession of the house, how can he sell it? Did not the Messenger (peace and blessings be upon him) prohibit selling what one does not have...?

The Shaykh : In that case, the one who says this means that the first buyer is not allowed to buy it; because the sale is taking place on the map. So if you hold this view, meaning: it is not permissible to buy on the map, then your statement is correct. But if you see it as I say: the sale on the map with clear and distinct descriptions, then I see no obstacle to this purchase, and consequently no obstacle to selling it; because the hadiths that came regarding the prohibition of selling what one does not own, or what one has not... except to transfer it, and the like.
Yes?

Another questioner : In that which has not been received.

The Shaykh : That which has not been received, yes, correct.
This is only regarding movable items that can be transferred from one place to another; meaning, now, for example, contrary to the reality of many merchants; I buy from a merchant, for example, a hundred garments, and I have not yet transferred them from him; someone comes and offers me a profit on the garment, for example, a hundred qirsh, go take it from the merchant you bought from; this is not permissible; because this is a movable item that can be transferred, so it is not permissible to sell what you have not transferred. But a house cannot be transferred in the first place, and secondly, regarding the prohibition of selling what one does not have; that prohibition is rational in meaning and not devotional; because most transactions are rational in meaning, meaning their purpose is understood. So the prohibition of selling what you do not have is to prevent the dispute that may occur between the two parties in a sale. If the first sale is on the map with the land area known, the height of the rooms known, the cement and its quantity—also its ratio—and the iron; all this is known as is also the practice; then it is permissible to buy on this description while the land is still land, yes, correct. If this is permissible, then it is permissible for the one who bought on the map before anything appears to sell, and so the matter proceeds in sequence. If it becomes a realized fact or the reality begins to appear, it is even more permissible.
Yes.

Another questioner : ... not fixed...

Another questioner : ... .

The Shaykh : Did he not buy it on credit? Is there anything other than the fact that he bought it on credit?

Another questioner : ... .

The Shaykh : Yes?

Another questioner : On credit, he bought it on credit.

The Shaykh : By Allah, I see that you are aware that there is a trick there that you are not showing! Is there anything other than the debt?

Another questioner : ... only.

The Shaykh : Is there anything other than the debt?

Another questioner : There is nothing.

The Shaykh: All right.

The questioner : Is there a follow-up for Abu Hamdi, do you have a follow-up, Professor?

The Shaykh : Abu Hamdi, please go ahead.
Abu Hamdi: I have no follow-up.

The questioner : Is there anything?

Another questioner : ... for example, its owner mentions that it has... in it, a large warehouse that has no corner—for example—leave it; I will sell it later, the contract is completed now, the price has been received?

The Shaykh : It is not permissible until it is transferred.

Another questioner : Here, Abu Hamdi.

The Shaykh : Here, there are explicit texts in this; there are explicit texts in this that do not accept debate, until we transfer it to another place.
Other than that?