What is the jurisprudence derived from the prohibition of the Prophet (peace and blessings be upon him) against a man selling what he does not have?
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Al-Halabi : What is the jurisprudence derived from His saying, or from His prohibition (peace and blessings be upon him), against a man selling what he does not have?
The Shaykh : Yes, this hadith is clear in its indication that the seller of something should have that thing in his possession, owned and secured, such that if mutual agreement on the sale is reached, he is ready to deliver it. This prohibition is a general, comprehensive rule, from which only the sale of salam or the sale of qard is excluded, with conditions mentioned in some authentic hadiths, or anything similar to the sale of qard. The important point is that many merchants today are in violation of this hadith; where the goods are sold from one person to a second, to a third, and the goods remain in their place. What is the most severe form? We say: at the coast where they were unloaded.
Another questioner : At the port.
The Shaykh : At the port, yes.
Or two forms: they ship it to his warehouse, and a person sells it, this person sells it to a second and a third, and the goods remain in the warehouse. This is the first thing covered by this hadith:Sunan Ibn Majah 2187Hasan (Darussalam). The first seller is a lawful seller, but the second seller who sold what he did not have, this is a very clear error and contrary to the explicit text of this hadith. Muslim merchants should acquire knowledge of their religion and not contravene the Shari'ah of their Lord, and thereby they deserve to live a happy life. Otherwise, we deserve, because of our contravention of the Shari'ah of our Lord in many of its rulings, this situation we are living in today, which, unfortunately, no Muslim with a particle of faith accepts, and Allah is the Helper.
Yes.
The questioner : Even if the second paid the price of the goods, the second man; I mean, the buyer, of course, the second one, and the goods were not in his house, it is not permissible, of course, for him to dispose of them; that is the intention, I mean?
The Shaykh : Where are they?
The questioner : I mean, for example, I want to buy sheep, I paid their price, they remain with the first merchant.
The Shaykh : ... The answer has already been given.
The questioner : That is enough ... .
The Shaykh: Yes.
The Shaykh : Yes, this hadith is clear in its indication that the seller of something should have that thing in his possession, owned and secured, such that if mutual agreement on the sale is reached, he is ready to deliver it. This prohibition is a general, comprehensive rule, from which only the sale of salam or the sale of qard is excluded, with conditions mentioned in some authentic hadiths, or anything similar to the sale of qard. The important point is that many merchants today are in violation of this hadith; where the goods are sold from one person to a second, to a third, and the goods remain in their place. What is the most severe form? We say: at the coast where they were unloaded.
Another questioner : At the port.
The Shaykh : At the port, yes.
Or two forms: they ship it to his warehouse, and a person sells it, this person sells it to a second and a third, and the goods remain in the warehouse. This is the first thing covered by this hadith:
Do not sell what is not with you.
لا تَبِعْ ما ليس عندكYes.
The questioner : Even if the second paid the price of the goods, the second man; I mean, the buyer, of course, the second one, and the goods were not in his house, it is not permissible, of course, for him to dispose of them; that is the intention, I mean?
The Shaykh : Where are they?
The questioner : I mean, for example, I want to buy sheep, I paid their price, they remain with the first merchant.
The Shaykh : ... The answer has already been given.
The questioner : That is enough ... .
The Shaykh: Yes.
Source
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