What is the ruling on an agent purchasing what he was appointed to sell?
Machine translationRead the Arabic original
The Shaykh : Yes? Brother, go ahead?
The questioner : Shaykh, some people place their car with a car dealership. They sell it for, say, one hundred thousand. Then a man comes and wants this car, but he does not have one hundred thousand, so he says...
The Shaykh : So what does he say?
The questioner : I want to buy it for more than this price, on credit.
The Shaykh : Yes.
The questioner : But the company, Shaykh, perhaps the amount of... buying the car.
The Shaykh : For what?
The questioner : We do not obligate you to buy the car.
The Shaykh : How do you not obligate me? And how, I mean?
The questioner : I mean, the first man, the seller, clarified to them that he is selling...
The Shaykh : He said, take it for this car for one hundred thousand. So a buyer came and said, I do not have one hundred thousand, but I want to buy it from you for one hundred and twenty thousand.
The questioner : From the company, Shaykh.
The Shaykh : And what is the company? Is it the broker?
The questioner : The car seller, Shaykh.
The Shaykh : I say the company is not in the position of a broker?
The questioner : Yes.
The Shaykh : Okay, the company goes back to the car owner and tells him, this man wants to buy it on credit for one hundred and twenty thousand. If the car owner agrees, there is no obstacle. Is this what we understood, is this what you want?
The questioner : No, Shaykh, the issue, Shaykh, is the issue of 'inah, Shaykh. You mentioned, Shaykh, the condition that the company has no interest in buying the car. But the company said, Shaykh, we buy the car, but we are not obligated to sell it to you.
The Shaykh : Do they mean they want to buy the car from its owner?
The questioner : Yes.
The Shaykh : This is not permissible, because the scholars say that an agent is not permitted to buy what he was appointed to sell, except after consulting the owner of the wealth. Yes? Clear?
The questioner : A man borrowed from me. A person bought a commodity from me on credit for one year. After six months, he came to me... and said, take the money. He said, I have a year between me and you. He said, I am forgiving... your right...
The Shaykh : Okay, we say, if Allah wills, this falls under the supplication of the Messenger of Allah (peace and blessings be upon him).
The questioner : But the seller has no blame, I mean?
The Shaykh : Absolutely, he has no blame. Was it out of his own good will?
The questioner : Yes?
The Shaykh : I say, was it out of his own good will?
The questioner : Yes.
The Shaykh : Okay, praise be to Allah.
The questioner : Shaykh, some people place their car with a car dealership. They sell it for, say, one hundred thousand. Then a man comes and wants this car, but he does not have one hundred thousand, so he says...
The Shaykh : So what does he say?
The questioner : I want to buy it for more than this price, on credit.
The Shaykh : Yes.
The questioner : But the company, Shaykh, perhaps the amount of... buying the car.
The Shaykh : For what?
The questioner : We do not obligate you to buy the car.
The Shaykh : How do you not obligate me? And how, I mean?
The questioner : I mean, the first man, the seller, clarified to them that he is selling...
The Shaykh : He said, take it for this car for one hundred thousand. So a buyer came and said, I do not have one hundred thousand, but I want to buy it from you for one hundred and twenty thousand.
The questioner : From the company, Shaykh.
The Shaykh : And what is the company? Is it the broker?
The questioner : The car seller, Shaykh.
The Shaykh : I say the company is not in the position of a broker?
The questioner : Yes.
The Shaykh : Okay, the company goes back to the car owner and tells him, this man wants to buy it on credit for one hundred and twenty thousand. If the car owner agrees, there is no obstacle. Is this what we understood, is this what you want?
The questioner : No, Shaykh, the issue, Shaykh, is the issue of 'inah, Shaykh. You mentioned, Shaykh, the condition that the company has no interest in buying the car. But the company said, Shaykh, we buy the car, but we are not obligated to sell it to you.
The Shaykh : Do they mean they want to buy the car from its owner?
The questioner : Yes.
The Shaykh : This is not permissible, because the scholars say that an agent is not permitted to buy what he was appointed to sell, except after consulting the owner of the wealth. Yes? Clear?
The questioner : A man borrowed from me. A person bought a commodity from me on credit for one year. After six months, he came to me... and said, take the money. He said, I have a year between me and you. He said, I am forgiving... your right...
The Shaykh : Okay, we say, if Allah wills, this falls under the supplication of the Messenger of Allah (peace and blessings be upon him)
May Allah have mercy on a man who is lenient when he pays and lenient when he collects.
رحم الله امرءا سمحا إذا قضى سمحا إذا اقتضىThe questioner : But the seller has no blame, I mean?
The Shaykh : Absolutely, he has no blame. Was it out of his own good will?
The questioner : Yes?
The Shaykh : I say, was it out of his own good will?
The questioner : Yes.
The Shaykh : Okay, praise be to Allah.