Ruling on selling what one does not own
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Ruling on selling what one does not own
A man works in trade, but he has items he is unable to secure. For example, he has amounts of money, and a person comes to him requesting them from a second region, and he brings them, and he presents the amount to him, and the shop owner brings him this request. What is your opinion on this?The Shaykh: That is: he buys goods from another country.
The questioner: From another country, and he brings them to him through this shop, but he pays the amount in advance and receives the request after a day or two.
The Shaykh: That is: I came to a man who owns a shop,And you said: I want such-and-such an item,He said: I do not have it, but I will bring it to you from another country, and he gave him the price in advance. There is no harm in the shop owner being his agent,Meaning: buying it for him from the other country. However, it is not permissible for him to buy it directly from the shop owner before it has arrived to him.
But suppose you are the shop owner and I need such-and-such an item and you do not have it, and you sold it to me on the condition that you will bring it from the other country. This is not permissible; because you sold what you do not own, and you do not know, perhaps you sell it to me for one hundred and its value in the other country has risen to two hundred, or you sell it to me for one hundred based on it being fifty,Then you say: and it dropped to thirty. This is not permissible.But if you say: You are my agent, buy it for me from such-and-such a country, and you have the customary fee. This is permissible. So you buy it from there as my share, and when it arrives, you deliver it to me and I give you the agency fee for it.
The questioner: That is: I do not take the fee until after the item arrives?The Shaykh: Yes, and also do not sell it to him.She says: I—by Allah—do not have it, but people informed us that this item is in the other country.So I tell you: Then you are my agent, buy it for me, and you have the customary fee.
The questioner: But if I am an agent for an established company, and the same item that this company sells—for example—in the city or anywhere else, I sell it at the same price, but I only bring it?
There is no harm if you are an agent for the company; there is no harm in selling in the name of the company.
The questioner: O Shaykh! Is the previous matter not from the category of salam?Answer: No, salam must be deferred for a known period that has an effect on the price.
A man works in trade, but he has items he is unable to secure. For example, he has amounts of money, and a person comes to him requesting them from a second region, and he brings them, and he presents the amount to him, and the shop owner brings him this request. What is your opinion on this?The Shaykh: That is: he buys goods from another country.
The questioner: From another country, and he brings them to him through this shop, but he pays the amount in advance and receives the request after a day or two.
The Shaykh: That is: I came to a man who owns a shop,And you said: I want such-and-such an item,He said: I do not have it, but I will bring it to you from another country, and he gave him the price in advance. There is no harm in the shop owner being his agent,Meaning: buying it for him from the other country. However, it is not permissible for him to buy it directly from the shop owner before it has arrived to him.
But suppose you are the shop owner and I need such-and-such an item and you do not have it, and you sold it to me on the condition that you will bring it from the other country. This is not permissible; because you sold what you do not own, and you do not know, perhaps you sell it to me for one hundred and its value in the other country has risen to two hundred, or you sell it to me for one hundred based on it being fifty,Then you say: and it dropped to thirty. This is not permissible.But if you say: You are my agent, buy it for me from such-and-such a country, and you have the customary fee. This is permissible. So you buy it from there as my share, and when it arrives, you deliver it to me and I give you the agency fee for it.
The questioner: That is: I do not take the fee until after the item arrives?The Shaykh: Yes, and also do not sell it to him.She says: I—by Allah—do not have it, but people informed us that this item is in the other country.So I tell you: Then you are my agent, buy it for me, and you have the customary fee.
The questioner: But if I am an agent for an established company, and the same item that this company sells—for example—in the city or anywhere else, I sell it at the same price, but I only bring it?
There is no harm if you are an agent for the company; there is no harm in selling in the name of the company.
The questioner: O Shaykh! Is the previous matter not from the category of salam?Answer: No, salam must be deferred for a known period that has an effect on the price.