The ruling on taking possession of the sold item and removing it from the seller's location, then selling it to the original seller
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Question:
I am a man who deals with people on credit. When a person comes to me asking for credit for an amount equivalent to fifty thousand riyals, for example, for coffee, cardamom, or rice, and I do not have it, I then go with him to the merchant who has cardamom, coffee, or rice—according to the request of the person seeking credit—and I buy the rice, coffee, or cardamom from him; the price of the bag is one hundred riyals in cash, or more or less. Then I return it, then I take it out of his shop into the street in front of his shop, and I hand the money to the merchant. Then I sell it to the person seeking credit on a deferred basis for one year; the price of the bag is one hundred and fifty, or one hundred and thirty, or one hundred and forty—according to the agreement between me and him—and after that I write the contract between me and him. Then, after that, the one who bought it from me and I put it on his credit sells it to the same merchant from whom I, the creditor, bought it.
So is this transaction lawful or not? Give us a ruling, because I deal in this way, and when a man of good said to me: this transaction is not permissible, I stopped doing it. May Allah guide you.
Answer:
There is no harm in this transaction; because you took possession of the sold item and removed it from the seller's location. And there is no harm for the buyer to sell it to the first one who sold it to you, after he has taken possession of it and moved it from his location to another location in the market or the house, if there is no collusion between you and the first seller; due to the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 2187Hasan (Darussalam), and his saying (peace and blessings be upon him): , and what is established from the Prophet (peace and blessings be upon him): Sunan Abi Dawud 3499Hasan li ghairih (Al-Albani).
I am a man who deals with people on credit. When a person comes to me asking for credit for an amount equivalent to fifty thousand riyals, for example, for coffee, cardamom, or rice, and I do not have it, I then go with him to the merchant who has cardamom, coffee, or rice—according to the request of the person seeking credit—and I buy the rice, coffee, or cardamom from him; the price of the bag is one hundred riyals in cash, or more or less. Then I return it, then I take it out of his shop into the street in front of his shop, and I hand the money to the merchant. Then I sell it to the person seeking credit on a deferred basis for one year; the price of the bag is one hundred and fifty, or one hundred and thirty, or one hundred and forty—according to the agreement between me and him—and after that I write the contract between me and him. Then, after that, the one who bought it from me and I put it on his credit sells it to the same merchant from whom I, the creditor, bought it.
So is this transaction lawful or not? Give us a ruling, because I deal in this way, and when a man of good said to me: this transaction is not permissible, I stopped doing it. May Allah guide you.
Answer:
There is no harm in this transaction; because you took possession of the sold item and removed it from the seller's location. And there is no harm for the buyer to sell it to the first one who sold it to you, after he has taken possession of it and moved it from his location to another location in the market or the house, if there is no collusion between you and the first seller; 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 عندكIt is not permissible to combine a loan and a sale, nor to sell what you do not have
لا يحل سلف وبيع، ولا بيع ما ليس عندكfor the Messenger of Allah (ﷺ) forbade to sell the goods where they are bought until the tradesmen take them to their houses.
أنه نهى أن تباع السلع حيث تبتاع حتى يحوزها التجار إلى رحالهم
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
