Forms of deferred sale that are permissible and forbidden
Machine translationRead the Arabic original
Question:
The listener, Abdul Aziz al-Yamani from Taiz in the Yemen Arab Republic, sent a message saying: An employee works in one of the companies and receives a monthly salary, but this salary is not sufficient for him. He is forced to buy some goods from the company he works for at a price higher than their original cost, on the basis that it is a debt. He then sells these goods at a price lower than what he paid for them in order to benefit from their value. Is this permissible or not? Please inform us; may Allah reward you.
Answer:
There is no harm in that if the goods are present with the company, in its possession or ownership, and he buys them for a known term to sell them and meet his need. There is nothing wrong with that. Likewise, if he buys them from someone other than the company where they are present, then sells them to meet his need and pay off his debt, or to get married, or to pay the rent for the house, or something similar, there is no harm in that.
However, the goods must be present with the seller, in his possession. It is not permissible for him to sell them and then go buy them from the merchants. The goods must be present with the seller, in his possession and control. Then he may sell them to others for cash or for known terms. There is nothing wrong with this, and there is no harm; due to the generality of the saying of the Exalted: [al-Baqarah: 282]. And the Prophet (peace and blessings be upon him) borrowed and acknowledged the debt, so there is no harm in that.
But if he buys it before the seller has bought it, while it is with the people, with the merchants, this is not permissible. Because the Messenger (peace and blessings be upon him) said:Sunan Ibn Majah 2187Hasan (Darussalam) And he (peace and blessings be upon him) said: . And when Hakim ibn Hizam asked him, he said: . So it is not permissible for him to sell what is not with him.
So the company and others are not allowed to sell something that is not with them. They only sell what is present with them, existing in their possession and ownership.
Likewise, the man who extends credit to people is not allowed to sell except something that is with him, which he has owned, possessed, and taken from the merchants, and the procedures of its purchase have been completed. Yes.
The presenter: May Allah reward you with good. If this man has an agreement with specific merchants that when a man comes to him, he refers him to them to take the goods they have, does the situation differ?
The Shaykh: There is nothing wrong. If he refers them to them, on the condition that they deliver to him the goods he bought from them. As for if he is an agent, he is an agent.
But if he has bought it and the purchase is completed, then he refers them to him, selling it to him. He sells the goods to him if he has taken possession of it and held it in another place. He does not sell it while it is with them. He must sell it after he has taken possession of it and moved it from the owners from whom he bought it. If he refers him to them and has sold it to him at an agreed price, and has moved it from them, and taken possession of it, or refers him to them to look at it and examine it, and the sale takes place after that, this requires detail. It must be detailed:
If he has taken possession of it, there is no harm in selling it to him and referring him to where it is. If he bought it from Zayd, then moved it to Amr’s house or to the market, and said to him: It is in such-and-such a place, and the person knows it or it is identified by its descriptions, and he sold it to him, then referred him to the place where he took possession of it, or moved it to him, there is no harm.
As for selling it while it is with them and he has not yet taken possession of it, no. He does not sell it while it is with them until he takes possession of it.
The presenter: Even if there is an agreement between the merchant and the company?
Even if... as long as the company has not bought it, the company must buy from the merchant, take possession of the goods with it, and then sell. As for selling something with the merchants, no. Do not sell what is not with you. This is what the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2187Hasan (Darussalam), and he (peace and blessings be upon him) said: . The Messenger (peace and blessings be upon him) explicitly stated this.
The presenter : May Allah reward you with good.
The listener, Abdul Aziz al-Yamani from Taiz in the Yemen Arab Republic, sent a message saying: An employee works in one of the companies and receives a monthly salary, but this salary is not sufficient for him. He is forced to buy some goods from the company he works for at a price higher than their original cost, on the basis that it is a debt. He then sells these goods at a price lower than what he paid for them in order to benefit from their value. Is this permissible or not? Please inform us; may Allah reward you.
Answer:
There is no harm in that if the goods are present with the company, in its possession or ownership, and he buys them for a known term to sell them and meet his need. There is nothing wrong with that. Likewise, if he buys them from someone other than the company where they are present, then sells them to meet his need and pay off his debt, or to get married, or to pay the rent for the house, or something similar, there is no harm in that.
However, the goods must be present with the seller, in his possession. It is not permissible for him to sell them and then go buy them from the merchants. The goods must be present with the seller, in his possession and control. Then he may sell them to others for cash or for known terms. There is nothing wrong with this, and there is no harm; due to the generality of the saying of the Exalted:
O you who have believed, when you contract a debt for a specified term, write it down.
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنتُمْ بِدَيْنٍ إِلَى أَجَلٍ مُسَمًّى فَاكْتُبُوهُBut if he buys it before the seller has bought it, while it is with the people, with the merchants, this is not permissible. Because the Messenger (peace and blessings be upon him) said:
Do not sell what is not with you.
لا تبع ما ليس عندكIt 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 عندكA man comes to me, O Messenger of Allah! wanting the goods, so I sell it to him, then I go and buy it. He said: Do not sell what is not with you.
الرجل يأتيني يا رسول الله! يريد السلعة فأبيعها عليه ثم أذهب فاشتريها، قال: لا تبع ما ليس عندكSo the company and others are not allowed to sell something that is not with them. They only sell what is present with them, existing in their possession and ownership.
Likewise, the man who extends credit to people is not allowed to sell except something that is with him, which he has owned, possessed, and taken from the merchants, and the procedures of its purchase have been completed. Yes.
The presenter: May Allah reward you with good. If this man has an agreement with specific merchants that when a man comes to him, he refers him to them to take the goods they have, does the situation differ?
The Shaykh: There is nothing wrong. If he refers them to them, on the condition that they deliver to him the goods he bought from them. As for if he is an agent, he is an agent.
But if he has bought it and the purchase is completed, then he refers them to him, selling it to him. He sells the goods to him if he has taken possession of it and held it in another place. He does not sell it while it is with them. He must sell it after he has taken possession of it and moved it from the owners from whom he bought it. If he refers him to them and has sold it to him at an agreed price, and has moved it from them, and taken possession of it, or refers him to them to look at it and examine it, and the sale takes place after that, this requires detail. It must be detailed:
If he has taken possession of it, there is no harm in selling it to him and referring him to where it is. If he bought it from Zayd, then moved it to Amr’s house or to the market, and said to him: It is in such-and-such a place, and the person knows it or it is identified by its descriptions, and he sold it to him, then referred him to the place where he took possession of it, or moved it to him, there is no harm.
As for selling it while it is with them and he has not yet taken possession of it, no. He does not sell it while it is with them until he takes possession of it.
The presenter: Even if there is an agreement between the merchant and the company?
Even if... as long as the company has not bought it, the company must buy from the merchant, take possession of the goods with it, and then sell. As for selling something with the merchants, no. Do not sell what is not with you. This is what the Prophet (peace and blessings be upon him) said:
Do not sell what is not with you.
لا تبع ما ليس عندكIt 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 عندكThe presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.