The Ruling on What Is Called (The Promise to Buy)
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Question:
What is the ruling on what is called the promise to buy? And is it included in the category of riba (usury or interest)?
Answer:
The promise to buy is not a purchase, but rather a promise to do so. If a person wants to buy a need and asks his brother to buy it and then sell it to him, there is no harm in that if the purchase is completed and possession is taken, and then he sells it to the one who wanted to buy it. This is based on the authentic hadith from Hakim ibn Hizam (may Allah be pleased with him), in which he said: "O Messenger of Allah, a man comes to me wanting a commodity that I do not have. May I sell it to him and then go and buy it?" The Prophet (peace and blessings be upon him) said to him:Sunan Ibn Majah 2187Hasan (Darussalam).
This indicates that if he sells it to his brother after he has owned it and it has come into his possession, there is no harm in that.
In this meaning is the saying of the Prophet (peace and blessings be upon him) in the authentic hadith from the hadith of Abdullah ibn Amr ibn al-As (may Allah be pleased with them both):.
It is also established from the hadith of Zayd ibn Thabit (may Allah be pleased with him), who said:Sunan Abi Dawud 3499Hasan li ghairih (Al-Albani).
Based on the hadiths we have mentioned, it is known that if a person finds a commodity with Zayd or Amr—whether a car, grains, clothes, vessels, or otherwise—there is no harm in him buying it and taking it into his ownership, provided that the seller has completed the procedures of buying it and taken it into his ownership.
However, the second buyer must not sell it until he moves it to another place—to his house or to the market—and takes it out of the seller's place to another place, and then he may sell it afterwards if he wishes. This is in accordance with the aforementioned hadiths and what al-Bukhari narrated in his Sahih from Ibn Umar (may Allah be pleased with them both), who said:, and in another wording: . And success is from Allah.
What is the ruling on what is called the promise to buy? And is it included in the category of riba (usury or interest)?
Answer:
The promise to buy is not a purchase, but rather a promise to do so. If a person wants to buy a need and asks his brother to buy it and then sell it to him, there is no harm in that if the purchase is completed and possession is taken, and then he sells it to the one who wanted to buy it. This is based on the authentic hadith from Hakim ibn Hizam (may Allah be pleased with him), in which he said: "O Messenger of Allah, a man comes to me wanting a commodity that I do not have. May I sell it to him and then go and buy it?" The Prophet (peace and blessings be upon him) said to him:
Do not sell what is not with you.
لا تبع ما ليس عندكThis indicates that if he sells it to his brother after he has owned it and it has come into his possession, there is no harm in that.
In this meaning is the saying of the Prophet (peace and blessings be upon him) in the authentic hadith from 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 عندكIt is also established from the hadith of 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 رحالهمBased on the hadiths we have mentioned, it is known that if a person finds a commodity with Zayd or Amr—whether a car, grains, clothes, vessels, or otherwise—there is no harm in him buying it and taking it into his ownership, provided that the seller has completed the procedures of buying it and taken it into his ownership.
However, the second buyer must not sell it until he moves it to another place—to his house or to the market—and takes it out of the seller's place to another place, and then he may sell it afterwards if he wishes. This is in accordance with the aforementioned hadiths and what al-Bukhari narrated in his Sahih from Ibn Umar (may Allah be pleased with them both), who said:
We used to strike (a deal) in the time of the Messenger of Allah (peace and blessings be upon him) for the sale of food in its place, until we moved it to our dwellings.
كنا نضرب على عهد رسول الله ﷺ على بيع الطعام في محله، حتى ننقله إلى رحالناUntil we moved it from the upper part of the market to the lower part, and from the lower part to the upper part.
حتى ننقله من أعلى السوق إلى أسفله، ومن أسفله إلى أعلاه
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.