Is the delivery of the goods a condition for completing the sale, or is the contract sufficient?

The Shaykh : And upon you be peace, and the mercy of Allah and His blessings and His forgiveness.

The questioner : Abu Sa'id is with you, O Shaykh.

The Shaykh : Welcome, Abu Sa'id.

The questioner : How are you?

The Shaykh : I praise Allah in all circumstances.

The questioner : In some of the questions, O our Shaykh.

The Shaykh: Go ahead.

The questioner : Is the delivery of the goods a condition for the validity of the sale, or is the contract sufficient?

The Shaykh : The contract is sufficient, but the transfer is obligatory.

The questioner : How is that, O Shaykh?

The Shaykh : It is a source of safety and a cause for disputes to arise between the two parties to the sale. Do you not know that the Messenger (peace and blessings be upon him) ordered the merchants to transfer what they sold or what they bought?

The questioner : Yes.

The Shaykh : Yes, this is obligatory and necessary.

The questioner : Yes, well, if a dispute occurs between the seller and the buyer before the goods are delivered to him, meaning, how does it work? For example, if he wants to cancel the sale (iqalah), does the ruling involve details regarding obligation and so on?

The Shaykh : Iqalah (cancellation of the sale) is prescribed, and it is not obligatory in any situation, to the best of my knowledge.

The questioner : Yes.

The Shaykh : This ruling has no connection to the issue of transfer or non-transfer; rather, the transfer is an independent ruling that is obligatory and necessary. The wisdom behind it is clear: it is so that no dispute arises between the two parties to the sale. If the buyer purchases the goods and transfers them to another place, he blocks the path for the seller to renege.

The questioner: All right.