Continuation of the discussion on the ruling of selling what one does not possess
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The questioner : Shaykh, if you would permit, what is the criterion or condition for this sale described in the debt?
The Shaykh : What is the criterion?
The questioner : Or the condition for this sale guaranteed one hundred percent.
The Shaykh : That its equivalent exists and is known.
The questioner : Perhaps this merchant arrives and finds that the quantity has already been taken by another, so what is the condition that it is guaranteed one hundred percent?
The Shaykh : That another has not preceded him to it.
The questioner : For example, he goes to buy light bulbs from a merchant, and perhaps another merchant precedes him.
The Shaykh : Yes, yes, but it is necessary, it is necessary for a guarantee that another batch, no matter how large, guarantees its existence.
The questioner : Then, my brother Sami, may Allah reward you, I want to come here to a point. For example, this man is a large wholesaler, meaning he imports huge quantities. So, the thousand or two thousand light bulbs I want to take from him, or the two thousand keys, do not come with a single hair of concern for the second trader when he comes to take them, as you know how it is. Even if he takes them from the second trader, the second trader wants to take them even to sell to someone like me, as you know how it is.
The Shaykh : Yes, yes, but it is necessary, it is necessary to have a guarantee. It is permissible for the last batch, no matter how large it is, to require a guarantee of its existence.
The questioner : Likewise, it is not required that it be transported to the seller's location.
The Shaykh : How?
The questioner : It is not required that it be transported?
The Shaykh : Of course, it must be transported.
The questioner : He comes to take it from me from the shop.
Another questioner : I know in the beginning, before he transports it, via the phone, he confirms that it exists, so he sells it even though he has not yet transported it to [the location].
The Shaykh : The specifications are these, to avoid the problem of contradicting the apparent meaning of the hadith:Sunan Ibn Majah 2187Hasan (Darussalam) meaning, like the forward sale, do you know the forward sale?
The questioner : I forgot it.
The Shaykh : For the season, as they say, for the season.
The questioner : He takes from you and gives you for the season.
The Shaykh : Meaning, the hadith says: or in a wording: Jami` at-Tirmidhi 1311Sahih (Darussalam) So these conditions make the hadith: Sunan Ibn Majah 2187Hasan (Darussalam) restricted, meaning that the prohibition is regarding anything other than these conditions and specifications.
The Shaykh : What is the criterion?
The questioner : Or the condition for this sale guaranteed one hundred percent.
The Shaykh : That its equivalent exists and is known.
The questioner : Perhaps this merchant arrives and finds that the quantity has already been taken by another, so what is the condition that it is guaranteed one hundred percent?
The Shaykh : That another has not preceded him to it.
The questioner : For example, he goes to buy light bulbs from a merchant, and perhaps another merchant precedes him.
The Shaykh : Yes, yes, but it is necessary, it is necessary for a guarantee that another batch, no matter how large, guarantees its existence.
The questioner : Then, my brother Sami, may Allah reward you, I want to come here to a point. For example, this man is a large wholesaler, meaning he imports huge quantities. So, the thousand or two thousand light bulbs I want to take from him, or the two thousand keys, do not come with a single hair of concern for the second trader when he comes to take them, as you know how it is. Even if he takes them from the second trader, the second trader wants to take them even to sell to someone like me, as you know how it is.
The Shaykh : Yes, yes, but it is necessary, it is necessary to have a guarantee. It is permissible for the last batch, no matter how large it is, to require a guarantee of its existence.
The questioner : Likewise, it is not required that it be transported to the seller's location.
The Shaykh : How?
The questioner : It is not required that it be transported?
The Shaykh : Of course, it must be transported.
The questioner : He comes to take it from me from the shop.
Another questioner : I know in the beginning, before he transports it, via the phone, he confirms that it exists, so he sells it even though he has not yet transported it to [the location].
The Shaykh : The specifications are these, to avoid the problem of contradicting the apparent meaning of the hadith:
Do not sell what is not with you.
لا تَبِعْ ما ليس عندكThe questioner : I forgot it.
The Shaykh : For the season, as they say, for the season.
The questioner : He takes from you and gives you for the season.
The Shaykh : Meaning, the hadith says:
Whoever makes a forward sale
مَن أسلمWhoever pays in advance, then let him pay in advance for known measurements (of dates), and known weights for a specified period of time.
مَن أسلف فليسلف في كيل معلوم ، في وزن معلوم ، إلى أجل معلومDo not sell what is not with you.
لا تَبِعْ ما ليس عندك
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.