Does the hadith (Do not sell what you do not have) apply to the sale and manufacture of items that do not exist until the buyer’s measurements and specifications are known?
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Another questioner : Now, regarding the hadith Sunan Ibn Majah 2187Hasan (Darussalam), does it also apply to manufacturing? For example, manufacturing solar heaters. Yes, he recommends a heater and takes its price, but he has no sheet metal, he has no such thing.
The Shaykh : If the issue applies more clearly to the model of the devices, if they are, for example, cars or refrigerators with known dimensions, limited brands, and known measurements.
The questioner: Yes.
The Shaykh : This does not fall under selling what one does not have, because it does not lead to the causes of dispute, as the specifications are clear and evident.
The questioner: Yes.
The Shaykh : So, regarding what you asked about, the solar baths.
The questioner: Yes.
The Shaykh : If it is one model, an exact copy, then there is no harm if he has, for example, a working device, and I want exactly like this one. And of course, the detailed matter enters here: the pipes, whether of one type, for example, they say Russian pipes are not good, or the opposite, for example, likewise the iron sheets and the like. The important thing is, if the specifications are clarified and the model is present before you, I do not think this falls under the prohibition of selling what one does not have.
The questioner : Now, regarding trade in materials, it is the same thing, meaning there are specifications for the goods and so on.
The Shaykh : Like what?
The questioner : Like goods, a car. He wants to buy cars, or let us say other than cars.
The Shaykh : No, you are talking about matters of trade. I gave you an example with a car, yes?
Another questioner : One person asked me, he sells paper, ruled paper and plain paper, paper like this, rolled up for office use, a bag holder, likeAbu Layla : Rolled up for offices, I say I have paper like this.
The questioner : Samples.
Another questioner : And paper like this and paper like this...
The Shaykh : This has been answered before, the answer has been given, oh
Another questioner : Clear and evident...
The Shaykh : The type of paper, German, Russian, Bulgarian, and so on.
Do not sell what is not with you.
لا تبع ما ليس عندكThe Shaykh : If the issue applies more clearly to the model of the devices, if they are, for example, cars or refrigerators with known dimensions, limited brands, and known measurements.
The questioner: Yes.
The Shaykh : This does not fall under selling what one does not have, because it does not lead to the causes of dispute, as the specifications are clear and evident.
The questioner: Yes.
The Shaykh : So, regarding what you asked about, the solar baths.
The questioner: Yes.
The Shaykh : If it is one model, an exact copy, then there is no harm if he has, for example, a working device, and I want exactly like this one. And of course, the detailed matter enters here: the pipes, whether of one type, for example, they say Russian pipes are not good, or the opposite, for example, likewise the iron sheets and the like. The important thing is, if the specifications are clarified and the model is present before you, I do not think this falls under the prohibition of selling what one does not have.
The questioner : Now, regarding trade in materials, it is the same thing, meaning there are specifications for the goods and so on.
The Shaykh : Like what?
The questioner : Like goods, a car. He wants to buy cars, or let us say other than cars.
The Shaykh : No, you are talking about matters of trade. I gave you an example with a car, yes?
Another questioner : One person asked me, he sells paper, ruled paper and plain paper, paper like this, rolled up for office use, a bag holder, likeAbu Layla : Rolled up for offices, I say I have paper like this.
The questioner : Samples.
Another questioner : And paper like this and paper like this...
The Shaykh : This has been answered before, the answer has been given, oh
Another questioner : Clear and evident...
The Shaykh : The type of paper, German, Russian, Bulgarian, and so on.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.