Ruling on selling what one does not possess
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The questioner : Regarding my question, Shaykh, please clarify.
The ShaykhSunan Ibn Majah 2187Hasan (Darussalam), for example, if someone wants a kabsa from you of a specific type that you do not have, you cannot say to him, "This is the price, and I will get it for you." This is called contradicting the hadith, meaning do not sell what you do not have. Because you might go to the market and not find this item. Then the man, according to the promise, you will say to him, "By Allah, I did not find it." So you have broken your promise with him, delayed him, and so on. This is part of the wisdom of his saying (peace be upon him): Sunan Ibn Majah 2187Hasan (Darussalam). In fact, the prohibition of the Messenger (peace be upon him) went so far that if you bought this merchandise and it was in this place, it was not permissible for you to sell it while it was in that place until you moved it to another place where you had control over it. So they used to prohibit the merchants in the time of the Messenger (peace be upon him) from selling grain, wheat, and barley until they took possession of it in their homes. All of this is from the perspective of blocking the means to harm and closing the path to prevent discord and dispute among Muslims.
The questioner : Okay, our professor, if someone says to me, for example, "These are my requirements," and some of the requirements are not available to me, I go to the market and select them. For example, the price of the kabsa is twenty, and I make a profit of one shilling on it. I buy it and keep it, and I tell him, "This is 25 qirsh." Even if I did not increase the price, the man wants to come and take it. He wants to take it from the shop, from me. Do you understand? When he says to me, "Okay, get it for me at this price," I go, get it, and put it in my shop, and he takes it from my shop... the matter.
The Shaykh : If he appoints you as his agent to buy something.
The questioner : No, he wants to buy from me.
The Shaykh : Listen, this is not something you have. We are talking about this; it is not permissible for you to sell. But if he appoints you to buy something for him, that is a different matter. Because when you are appointed as an agent, you return and say, "I did not find it," and you are excused. But when you agree with him on the basis that he wants to find this item with you, and it is not there at that time, and you go to the market and do not find it, that is a different situation. In this situation, you sold what you did not have. In the other situation, you were appointed to buy the item for him.
The questioner : Okay, if he said on the phone, "The man is there, come and take it."
The Shaykh : Even if, my brother.
The questioner : Even if.
The Shaykh : Even if you need to take possession of the item for your shop.
The questioner : You buy it and sell it.
The Shaykh: Yes.
The questioner : A described item in the debt is not permitted... like this method.
The Shaykh : If its acquisition is guaranteed with the same specifications you are describing, it is permissible.
The questioner : Okay, our professor, I have a quantity of light bulbs, for example, one hundred light bulbs. A customer came to me and said, "I want one thousand light bulbs." Do you understand? I told him, "I am buying these light bulbs for nineteen... the quantity you want, I will arrange it for you at nineteen." Then someone came and said to me, "I want one thousand light bulbs." I told the man, "Tomorrow I will guarantee you one thousand light bulbs." It became the same thing, because I do not have the quantity. I have only two hundred, or one hundred, or fifty, not the quantity he requested.
The Shaykh : Here, there is one of two situations. Either this merchandise is guaranteed in quantity, one hundred, for its acquisition and bringing to your shop. This is like someone who buys a car from America or Europe with a specific model and specific specifications. This is permissible, do you understand? But it is not like the method we discussed, where you go to the market, do not find it, and return.
The questioner : Yes, yes.
The Shaykh : You return with empty hands, as they say. Yes. Yes. Algeria.
The questioner : Meaning, if the matter is guaranteed, you can sell.
The Shaykh : Yes, guaranteed with definite specifications.
The questioner : Definite.
The Shaykh: Yes.
The questioner : Described and specified, meaning.
The Shaykh : Listen, now.
The Shaykh
Do not sell what is not with you.
لا تَبِعْ ما ليس عندكDo not sell what is not with you.
لا تَبِعْ ما ليس عندكThe questioner : Okay, our professor, if someone says to me, for example, "These are my requirements," and some of the requirements are not available to me, I go to the market and select them. For example, the price of the kabsa is twenty, and I make a profit of one shilling on it. I buy it and keep it, and I tell him, "This is 25 qirsh." Even if I did not increase the price, the man wants to come and take it. He wants to take it from the shop, from me. Do you understand? When he says to me, "Okay, get it for me at this price," I go, get it, and put it in my shop, and he takes it from my shop... the matter.
The Shaykh : If he appoints you as his agent to buy something.
The questioner : No, he wants to buy from me.
The Shaykh : Listen, this is not something you have. We are talking about this; it is not permissible for you to sell. But if he appoints you to buy something for him, that is a different matter. Because when you are appointed as an agent, you return and say, "I did not find it," and you are excused. But when you agree with him on the basis that he wants to find this item with you, and it is not there at that time, and you go to the market and do not find it, that is a different situation. In this situation, you sold what you did not have. In the other situation, you were appointed to buy the item for him.
The questioner : Okay, if he said on the phone, "The man is there, come and take it."
The Shaykh : Even if, my brother.
The questioner : Even if.
The Shaykh : Even if you need to take possession of the item for your shop.
The questioner : You buy it and sell it.
The Shaykh: Yes.
The questioner : A described item in the debt is not permitted... like this method.
The Shaykh : If its acquisition is guaranteed with the same specifications you are describing, it is permissible.
The questioner : Okay, our professor, I have a quantity of light bulbs, for example, one hundred light bulbs. A customer came to me and said, "I want one thousand light bulbs." Do you understand? I told him, "I am buying these light bulbs for nineteen... the quantity you want, I will arrange it for you at nineteen." Then someone came and said to me, "I want one thousand light bulbs." I told the man, "Tomorrow I will guarantee you one thousand light bulbs." It became the same thing, because I do not have the quantity. I have only two hundred, or one hundred, or fifty, not the quantity he requested.
The Shaykh : Here, there is one of two situations. Either this merchandise is guaranteed in quantity, one hundred, for its acquisition and bringing to your shop. This is like someone who buys a car from America or Europe with a specific model and specific specifications. This is permissible, do you understand? But it is not like the method we discussed, where you go to the market, do not find it, and return.
The questioner : Yes, yes.
The Shaykh : You return with empty hands, as they say. Yes. Yes. Algeria.
The questioner : Meaning, if the matter is guaranteed, you can sell.
The Shaykh : Yes, guaranteed with definite specifications.
The questioner : Definite.
The Shaykh: Yes.
The questioner : Described and specified, meaning.
The Shaykh : Listen, now.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.