At the Islamic Council Bank, we buy cars based on customer requests and sell the car while it is still in the possession of the first trader on the grounds that the transfer of the goods is not a condition of the sale.
Machine translationRead the Arabic original
The questioner : Now, we have an Islamic bank in Taif that buys cars based on customer requests and sells the car to the customer while it is still in the possession of the first trader. They say that the taking possession of the goods, according to customs, for example, in real estate, the taking possession is merely the sale itself, and it is in its place, and no actual taking possession occurs, for example, for real estate. So it is appropriate to generalize this issue to goods as well. This matter involves the hadith of Ibn Abbas: “It is forbidden to sell goods where they are bought.”
The Shaykh : This type, if the conditions are met, can be classified under the forward sale (salam).
The questioner : How?
The Shaykh : That is, in a forward sale (salam), the item is sold while it is not present, but the important thing, as you pointed out to the hadith, is his saying (peace and blessings be upon him) Now, your statement was about the sale of the car. If the car has very specific specifications, its model, its make, all the specifications that car dealers know, such that it is as if you are seeing it, and you buy on this basis, and when the car is brought to you after the agreement, you do not find a description that contradicts what was presented to you, this is like a forward sale (salam).
The questioner : What happens, Shaykh, is exactly that the customer sees it first.
The Shaykh : I do not care what happens.
The questioner : That the customer sees it first and then requests the bank to buy the car.
The Shaykh : Well, if he sees it, no, no, excuse me, if he sees it, the matter is finished. What is the problem then if he sees it?
The questioner : Does it harm that he sells it while it is still with the first one?
The Shaykh : So, in your opinion, it has not gone to another place.
Another questioner : The hadith: “Do not sell what you do not have.” The hadith of Ibn Abbas.
The Shaykh : No. Excuse me, I do not think he is saying he saw the car with the one who is not its seller, is it not with its seller?
The questioner : With the first trader.
The Shaykh : This is not said to be selling what he does not have, but let us see, let us see the continuation of the story. Also, this has no relation to what we said that it is analogized to the forward sale (salam), because he saw it with his own eyes. Now, what is the problem now that you raised the question for? He saw the car with its owner. Well, the continuation of the story.
The questioner : The story is that the bank sells it while it is still in the possession of the first trader, merely by referring to the first trader.
The Shaykh : If the seller, my brother, is not the owner, no, no, excuse me, the seller is not the owner. I am saying that he saw the car with its owner, that is, with its seller. Now, here the seller is the bank, not the owner, is that not so?
The questioner : That is the intention.
The Shaykh : What do you want to say? This is it. Well, why does the bank intervene in the matter now?
The questioner : For the deferred sale.
The Shaykh : The deferred sale. Well, the deferred sale, either you believe it is permissible by the Shari'ah or it is not permissible by the Shari'ah. If you believe, as I believe, that it is not permissible, of course, when we say the deferred sale is not permissible, we mean in exchange for an increase, otherwise the deferred sale ... is better by the Shari'ah. So I say that the deferred sale in exchange for an increase in the price, we do not consider it permissible.
The questioner : Well, if it were permissible, Shaykh, would this form be permissible?
The Shaykh : Yes.
The questioner : If the deferred sale were permissible, would this form be permissible?
The Shaykh : I do not assume this hypothesis because I do not need it. But you, if you need it, we will hear your opinion on it and discuss it with you.
The questioner : The disagreement is about the sale of goods.
Another questioner : I say the same answer, but tell him without an increase. This form is correct without an increase.
The questioner : The question was about the sale of goods.
Another questioner : With murabahah, without an increase, is this form correct?
The Shaykh : Correct.
The questioner : The form of the deferred sale ... months.
Another questioner : This is understood to be involved in good.The Shaykh
The questioner : It is not involved.The Shaykh
The Shaykh : He means his involvement in good.
Another questioner : That is, we can summarize this in what detailed the matters: there is the sale by description and the sale by specific item. As for the sale by specific item, seeing is necessary and transfer is necessary. As for the sale by description, none of this is required.
The Shaykh : Of course, this is the forward sale (salam).
The Shaykh : This type, if the conditions are met, can be classified under the forward sale (salam).
The questioner : How?
The Shaykh : That is, in a forward sale (salam), the item is sold while it is not present, but the important thing, as you pointed out to the hadith, is his saying (peace and blessings be upon him)
Whoever makes a forward sale in something, let him make it in a known weight, a known measure, to a known term.
من أسلف في شيء فليسلف في وزن معلوم في كيل معلوم إلى أجل معلومThe questioner : What happens, Shaykh, is exactly that the customer sees it first.
The Shaykh : I do not care what happens.
The questioner : That the customer sees it first and then requests the bank to buy the car.
The Shaykh : Well, if he sees it, no, no, excuse me, if he sees it, the matter is finished. What is the problem then if he sees it?
The questioner : Does it harm that he sells it while it is still with the first one?
The Shaykh : So, in your opinion, it has not gone to another place.
Another questioner : The hadith: “Do not sell what you do not have.” The hadith of Ibn Abbas.
The Shaykh : No. Excuse me, I do not think he is saying he saw the car with the one who is not its seller, is it not with its seller?
The questioner : With the first trader.
The Shaykh : This is not said to be selling what he does not have, but let us see, let us see the continuation of the story. Also, this has no relation to what we said that it is analogized to the forward sale (salam), because he saw it with his own eyes. Now, what is the problem now that you raised the question for? He saw the car with its owner. Well, the continuation of the story.
The questioner : The story is that the bank sells it while it is still in the possession of the first trader, merely by referring to the first trader.
The Shaykh : If the seller, my brother, is not the owner, no, no, excuse me, the seller is not the owner. I am saying that he saw the car with its owner, that is, with its seller. Now, here the seller is the bank, not the owner, is that not so?
The questioner : That is the intention.
The Shaykh : What do you want to say? This is it. Well, why does the bank intervene in the matter now?
The questioner : For the deferred sale.
The Shaykh : The deferred sale. Well, the deferred sale, either you believe it is permissible by the Shari'ah or it is not permissible by the Shari'ah. If you believe, as I believe, that it is not permissible, of course, when we say the deferred sale is not permissible, we mean in exchange for an increase, otherwise the deferred sale ... is better by the Shari'ah. So I say that the deferred sale in exchange for an increase in the price, we do not consider it permissible.
The questioner : Well, if it were permissible, Shaykh, would this form be permissible?
The Shaykh : Yes.
The questioner : If the deferred sale were permissible, would this form be permissible?
The Shaykh : I do not assume this hypothesis because I do not need it. But you, if you need it, we will hear your opinion on it and discuss it with you.
The questioner : The disagreement is about the sale of goods.
Another questioner : I say the same answer, but tell him without an increase. This form is correct without an increase.
The questioner : The question was about the sale of goods.
Another questioner : With murabahah, without an increase, is this form correct?
The Shaykh : Correct.
The questioner : The form of the deferred sale ... months.
Another questioner : This is understood to be involved in good.The Shaykh
The questioner : It is not involved.The Shaykh
The Shaykh : He means his involvement in good.
Another questioner : That is, we can summarize this in what detailed the matters: there is the sale by description and the sale by specific item. As for the sale by specific item, seeing is necessary and transfer is necessary. As for the sale by description, none of this is required.
The Shaykh : Of course, this is the forward sale (salam).
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.