The seller to whom a buyer comes wanting a certain item that he does not have, so the seller goes and brings it for him from a second shop and sells it to him. What is the ruling on this sale?
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The questioner : May Allah reward you with good, Shaykh. May Allah do you good: In some commercial establishments, the buyer goes to purchase a certain item.
The Shaykh : What?
The questioner : The buyer goes to purchase a certain item from the seller, so the seller says to him: "Wait a moment," and he goes and brings the item from another shop. What is the ruling on this? And does this fall under a salam (forward sale) in the present state, or not?
The Shaykh : As for if they conclude a contract, this is not permissible, due to the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 2187Hasan (Darussalam) And as for if they make an appointment and he says: "Come to me after 'Asr, for example," and it is morning, with the intention that he will buy this item and sell it to him after 'Asr, then there is no harm in that, because no contract has taken place.
The questioner : ...
The Shaykh : The important thing is that there be no contract between them before the item is brought.
The questioner : ...
The Shaykh : No, no, it is not a present-state contract (salam). This is a promise, and neither one of them has obligated the other. But he said: "If Allah wills, I will bring it to you at the end of the day." If the one who requested the purchase went and bought it from someone else, the other one did not say to him: "Why are you buying it?" Yes, that is right.
May Allah bless you. We ask Allah to grant us and you beneficial knowledge and righteous deeds. And be glad of the good, for:Jami` at-Tirmidhi 2646Sahih (Darussalam)
And all praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and all his Companions.
The Shaykh : What?
The questioner : The buyer goes to purchase a certain item from the seller, so the seller says to him: "Wait a moment," and he goes and brings the item from another shop. What is the ruling on this? And does this fall under a salam (forward sale) in the present state, or not?
The Shaykh : As for if they conclude a contract, this is not permissible, due to the saying of the Prophet (peace and blessings be upon him):
Do not sell what is not with you.
لا تبع ما ليس عندكThe questioner : ...
The Shaykh : The important thing is that there be no contract between them before the item is brought.
The questioner : ...
The Shaykh : No, no, it is not a present-state contract (salam). This is a promise, and neither one of them has obligated the other. But he said: "If Allah wills, I will bring it to you at the end of the day." If the one who requested the purchase went and bought it from someone else, the other one did not say to him: "Why are you buying it?" Yes, that is right.
May Allah bless you. We ask Allah to grant us and you beneficial knowledge and righteous deeds. And be glad of the good, for:
Whoever takes a path upon which to obtain knowledge, Allah makes the path to Paradise easy for him.
من سلك طريقاً يلتمس فيه علماً سهل الله به طريقاً إلى الجنةAnd all praise is due to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and all his Companions.