Is it permissible to receive the price before the goods are delivered?
Machine translationRead the Arabic original
The questioner : O Shaykh, a man works in trade, but he has items he cannot secure because they are expensive. A person comes from another region to request them, so he brings them. He brings him the amount, and the shop owner brings him the order. What is your opinion, O Shaykh?
The Shaykh : You mean he buys goods from another country?
The questioner : From another country and brings them to him through this shop, but he pays the amount in advance and then returns after a day or two to take the order.
The Shaykh : You mean you came to a man who owns a shop, for example.
The questioner : Yes.
The Shaykh : And you said, "I want such-and-such an item," and he said, "I do not have it."
The questioner : Yes.
The Shaykh : Is that right?
The questioner : Yes.
The Shaykh : Then he said, "I will bring it for you from another country."
The questioner : Yes.
The Shaykh : And he gave him the price in advance.
The questioner : Yes.
The Shaykh : There is no harm, provided that the shop owner is his agent.
The questioner : A trusted agent.
The Shaykh : His agent, meaning he buys it for him from the other country. As for buying it directly from the shop owner while it has not yet arrived at his place, that is not permissible. Did you understand or not?
The questioner : No, I did not understand.
The Shaykh : Okay, let us suppose you are the shop owner and I need such-and-such an item, and you do not have it. Did you understand?
The questioner : Yes.
The Shaykh : You sold it to me on the condition that you would bring it from another country. This is not permissible, because you sold what you do not own. And perhaps you sell it to me for one hundred, while its value in the other country has risen to two hundred.
The questioner : Yes.
The Shaykh : Or you sell it to me for one hundred based on the assumption that it is worth fifty, and then it drops to thirty. This is not permissible. However, if you say, "Yes, you are my agent; buy it for me from such-and-such a country, and you will have the customary fee," then there is no harm. You buy it from there on the condition that it is at my expense, and when it arrives, you deliver it to me and I give you the agency fee.
The questioner : I do not take the fee until after I have brought this item?
The Shaykh : The fee, yes. Also, do not sell it to him. The most important thing is that you do not sell it to him. You say, "By Allah, I do not have it, but I know that it is available with people in another country who have this item. So I tell you: you are my agent; buy it for me, and you will have the customary fee."
The questioner : Okay, if I am an agent for a trusted company, meaning: and I sell at the same price that it is sold for anywhere. I sell it at the same price, I just bring it for him.
The Shaykh : There is no harm if you are an agent for the company. There is no harm in selling in the name of the company.
The questioner : May Allah reward you with good.
Another questioner: O Shaykh, is this matter not from the category of salam?
The Shaykh : No, it is not from the category of salam. Salam must be deferred with a known term that has a specific time for the price.
The Shaykh : You mean he buys goods from another country?
The questioner : From another country and brings them to him through this shop, but he pays the amount in advance and then returns after a day or two to take the order.
The Shaykh : You mean you came to a man who owns a shop, for example.
The questioner : Yes.
The Shaykh : And you said, "I want such-and-such an item," and he said, "I do not have it."
The questioner : Yes.
The Shaykh : Is that right?
The questioner : Yes.
The Shaykh : Then he said, "I will bring it for you from another country."
The questioner : Yes.
The Shaykh : And he gave him the price in advance.
The questioner : Yes.
The Shaykh : There is no harm, provided that the shop owner is his agent.
The questioner : A trusted agent.
The Shaykh : His agent, meaning he buys it for him from the other country. As for buying it directly from the shop owner while it has not yet arrived at his place, that is not permissible. Did you understand or not?
The questioner : No, I did not understand.
The Shaykh : Okay, let us suppose you are the shop owner and I need such-and-such an item, and you do not have it. Did you understand?
The questioner : Yes.
The Shaykh : You sold it to me on the condition that you would bring it from another country. This is not permissible, because you sold what you do not own. And perhaps you sell it to me for one hundred, while its value in the other country has risen to two hundred.
The questioner : Yes.
The Shaykh : Or you sell it to me for one hundred based on the assumption that it is worth fifty, and then it drops to thirty. This is not permissible. However, if you say, "Yes, you are my agent; buy it for me from such-and-such a country, and you will have the customary fee," then there is no harm. You buy it from there on the condition that it is at my expense, and when it arrives, you deliver it to me and I give you the agency fee.
The questioner : I do not take the fee until after I have brought this item?
The Shaykh : The fee, yes. Also, do not sell it to him. The most important thing is that you do not sell it to him. You say, "By Allah, I do not have it, but I know that it is available with people in another country who have this item. So I tell you: you are my agent; buy it for me, and you will have the customary fee."
The questioner : Okay, if I am an agent for a trusted company, meaning: and I sell at the same price that it is sold for anywhere. I sell it at the same price, I just bring it for him.
The Shaykh : There is no harm if you are an agent for the company. There is no harm in selling in the name of the company.
The questioner : May Allah reward you with good.
Another questioner: O Shaykh, is this matter not from the category of salam?
The Shaykh : No, it is not from the category of salam. Salam must be deferred with a known term that has a specific time for the price.