The Ruling on Selling and Buying Goods While They Are in Their Place
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Question:
What is the ruling on selling debts through the method of selling and buying goods while they are in their place? This is the method followed by some in their debts at the present time.
Answer:
It is not permissible for a Muslim to sell a commodity for cash or on credit unless he owns it and has taken possession of it; because of the saying of the Prophet (peace and blessings be upon him) to Hakim ibn Hizam:Sunan Ibn Majah 2187Hasan (Darussalam).
And his saying (peace and blessings be upon him) in the hadith of Abdullah ibn Amr ibn al-As (may Allah be pleased with them both):. It was narrated by the five with a sound chain.
And so it is with the one who buys them; he may not sell them until he has taken possession of them as well; because of the two hadiths mentioned, and because of what Imam Ahmad and Abu Dawud narrated, and Ibn Hibban and al-Hakim authenticated, from Zayd ibn Thabit (may Allah be pleased with him) who said:Sunan Abi Dawud 3499Hasan li ghairih (Al-Albani). And because of what al-Bukhari narrated in his Sahih from Ibn Umar (may Allah be pleased with them both) who said: Sahih al-Bukhari 2137. And the hadiths in this meaning are numerous.
What is the ruling on selling debts through the method of selling and buying goods while they are in their place? This is the method followed by some in their debts at the present time.
Answer:
It is not permissible for a Muslim to sell a commodity for cash or on credit unless he owns it and has taken possession of it; because of the saying of the Prophet (peace and blessings be upon him) to Hakim ibn Hizam:
Do not sell what is not with you.
لا تبع ما ليس عندكAnd his saying (peace and blessings be upon him) in the hadith of Abdullah ibn Amr ibn al-As (may Allah be pleased with them both):
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 so it is with the one who buys them; he may not sell them until he has taken possession of them as well; because of the two hadiths mentioned, and because of what Imam Ahmad and Abu Dawud narrated, and Ibn Hibban and al-Hakim authenticated, from Zayd ibn Thabit (may Allah be pleased with him) who said:
for the Messenger of Allah (ﷺ) forbade to sell the goods where they are bought until the tradesmen take them to their houses.
نهى رسول الله ﷺ أن تباع السلع حيث تبتاع، حتى يحوزها التجار إلى رحالهمI saw the people buy foodstuff randomly (i.e. blindly without measuring it) in the lifetime of Allah's Apostle and they were punished (by beating), if they tried to sell it before carrying it to their own houses.
لقد رأيت الناس في عهد رسول الله ﷺ يبتاعون جزافًا -يعني الطعام- يضربون أن يبيعوه في مكانه حتى يؤوه إلى رحالهم
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.