What is the jurisprudence derived from the prohibition of the Prophet (peace and blessings be upon him) (that a man should sell what he does not have)?
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The questioner : What is the jurisprudence derived from his saying, or from his prohibition (peace and blessings be upon him), of a man selling what he does not have?
The Shaykh : This hadith is clear in its indication that the seller of something should have that thing in his possession, owned by him, held by him, such that if mutual agreement on the sale occurs, he is ready to deliver it. And this prohibition is a general, comprehensive rule, from which nothing is excepted except the forward sale (salam), or the sale of advance payment (sarf) with conditions mentioned in some authentic hadiths, or anything similar to the forward sale. The important thing is that many of today's merchants fall into contradiction with this hadith, where goods are transferred by sale from one person to a second to a third, and the goods remain in their place. Either in the most severe form, what do we say about the coast, where they are unloaded at the port, or in a second form, they are shipped to his warehouse, and a person sells, this person sells to a second and a third, and the goods remain in the warehouse. This is the first thing this hadith covers.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 a contradiction of the explicit text of this hadith. Muslim merchants should understand their religion and not contradict the Shari'ah of their Lord, and thereby they deserve to live a happy life. Otherwise, we have earned, by our contradiction of the Shari'ah of our Lord in many of its rulings, this situation we live in today, unfortunately, which no Muslim with a particle of faith accepts. And Allah is the Helper. Yes.
The questioner : Even if the second person paid the price of the goods, meaning the second man, meaning the second buyer, of course, and the goods were not in his house, is it not permissible for him to dispose of them? Is that what is meant?
The Shaykh : Where are they?
The questioner : I mean, for example, I want to buy sheep, I paid their price and they remained with the first merchant, is it not permissible for me to sell them?
The Shaykh : This has already been answered.
The questioner : That is my intention.
The Shaykh : Yes, exactly.
The Shaykh : This hadith is clear in its indication that the seller of something should have that thing in his possession, owned by him, held by him, such that if mutual agreement on the sale occurs, he is ready to deliver it. And this prohibition is a general, comprehensive rule, from which nothing is excepted except the forward sale (salam), or the sale of advance payment (sarf) with conditions mentioned in some authentic hadiths, or anything similar to the forward sale. The important thing is that many of today's merchants fall into contradiction with this hadith, where goods are transferred by sale from one person to a second to a third, and the goods remain in their place. Either in the most severe form, what do we say about the coast, where they are unloaded at the port, or in a second form, they are shipped to his warehouse, and a person sells, this person sells to a second and a third, and the goods remain in the warehouse. This is the first thing this hadith covers.
Do not sell what is not with you.
لا تبع ما ليس عندكThe questioner : Even if the second person paid the price of the goods, meaning the second man, meaning the second buyer, of course, and the goods were not in his house, is it not permissible for him to dispose of them? Is that what is meant?
The Shaykh : Where are they?
The questioner : I mean, for example, I want to buy sheep, I paid their price and they remained with the first merchant, is it not permissible for me to sell them?
The Shaykh : This has already been answered.
The questioner : That is my intention.
The Shaykh : Yes, exactly.
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