The chain of sale is not sufficient; the goods must be transferred
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Question:
Some merchants buy goods, but do not take possession of them or inspect them. Instead, they take a bill of sale and receipt for the price, and leave the goods in the warehouses of the first merchant from whom they bought them. Then the second merchant sells them to someone else while they are still in the warehouses of the first merchant. What is the ruling on this?
Answer:
It is not permissible for the buyer to sell these goods as long as they remain in the possession of the seller, until the buyer takes possession of them and transfers them to his home or to the market. This is based on the authentic hadiths established from the Prophet (peace and blessings be upon him) regarding this matter.
Among them is his statement (peace and blessings be upon him):. It was narrated by Imam Ahmad and the people of the Sunan with a sound chain.
And his statement (peace and blessings be upon him) to Hakim ibn Hizam:Sunan Ibn Majah 2187Hasan (Darussalam) It was narrated by the five—except Abu Dawud—with a good chain.
And what is established from Zayd ibn Thabit (may Allah be pleased with him) from the Prophet (peace and blessings be upon him):Sunan Abi Dawud 3499Hasan li ghairih (Al-Albani) It was narrated by Ahmad and Abu Dawud, and authenticated by Ibn Hibban and al-Hakim.
Likewise, the one who bought it from the buyer does not have the right to sell it until he transfers it to his home or to another place in the market, due to the aforementioned hadiths.
Some merchants buy goods, but do not take possession of them or inspect them. Instead, they take a bill of sale and receipt for the price, and leave the goods in the warehouses of the first merchant from whom they bought them. Then the second merchant sells them to someone else while they are still in the warehouses of the first merchant. What is the ruling on this?
Answer:
It is not permissible for the buyer to sell these goods as long as they remain in the possession of the seller, until the buyer takes possession of them and transfers them to his home or to the market. This is based on the authentic hadiths established from the Prophet (peace and blessings be upon him) regarding this matter.
Among them is his statement (peace and blessings be upon him):
It is not lawful to combine a loan with a sale, nor to sell what you do not have
لا يحل سلف وبيع، ولا بيع ما ليس عندكAnd his statement (peace and blessings be upon him) to Hakim ibn Hizam:
Do not sell what is not with you.
لا تبع ما ليس عندكAnd what is established from Zayd ibn Thabit (may Allah be pleased with him) from the Prophet (peace and blessings be upon him):
for 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 رحالهمLikewise, the one who bought it from the buyer does not have the right to sell it until he transfers it to his home or to another place in the market, due to the aforementioned hadiths.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.