Ruling on a Bedouin placing his car in a showroom for the purpose of sale
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Question:
If a man from the desert places his car in a showroom to be sold by the showroom owner as a broker, is this considered a resident selling for a Bedouin, or is it an agency? And how can a resident selling for a Bedouin be forbidden when people today come from the desert, place their cars in showrooms, and are compelled to do so?
Answer:
It is established from him (peace and blessings be upon him) that he prohibited a resident from selling for a Bedouin. This is established in the two Sahihs, and in other than the two Sahihs, in many hadiths prohibiting a resident from selling for a Bedouin. The resident is the one who takes charge of selling his goods, and the Bedouin is the one who takes charge of selling his goods, and the resident does not take charge of it; because the resident knows the goods and knows their values; so his selling on behalf of the Bedouin would be a hardship for the people. The Messenger of Allah (peace and blessings be upon him) said:Sahih Muslim 1522a.
So the one who brings goods from the desert, such as camels, cows, or ghee, or dried curds, or anything else, should be the one who takes charge of the sale; so as not to be harsh with the people, and so that the good is spacious for the people. If he sells it, he does not impose a hardship, but if a resident sells it for him, and a broker sells it for him; he may impose a hardship, and he may not sell it except at the highest prices; so his taking charge of that would be a hardship for the people.
And does the ruling on the car fall under that? This is a matter for consideration. Does it fall under what the Prophet (peace and blessings be upon him) mentioned, or not? It is a matter for consideration. The closest view, and Allah knows best, is that it falls under it if the people of the desert come from a distant place, with their cars, and bring them to the markets at the showrooms, and appoint the showroom owner to sell them. Does it fall under this, or not? It is a matter for consideration.
The closest view, and Allah knows best, is that it falls under it due to the generality of the text. It may be said: it does not fall under it; because they know the goods, and they know the prices, and there is no longer any difficulty in them. So they sell with their consent, and by their consultation, things they know, and which are not unknown to them. Unlike the Bedouins in the beginning, in some of the things they bring, they do not know their values. But the markets have now become close, and people have come to know the goods, and the desert has become like the residence in knowing, now, the goods, and knowing the values of cars. They bought them, used them, and knew their values. So it may be said in this case: that the cause which the Prophet (peace and blessings be upon him) mentioned is now absent; because the Bedouin, if he takes charge of what he sells, does so only at the prices that people know, and that the residents know; so there is no danger to the people in this. It may be said this, and it is close, and strong.
If a man from the desert places his car in a showroom to be sold by the showroom owner as a broker, is this considered a resident selling for a Bedouin, or is it an agency? And how can a resident selling for a Bedouin be forbidden when people today come from the desert, place their cars in showrooms, and are compelled to do so?
Answer:
It is established from him (peace and blessings be upon him) that he prohibited a resident from selling for a Bedouin. This is established in the two Sahihs, and in other than the two Sahihs, in many hadiths prohibiting a resident from selling for a Bedouin. The resident is the one who takes charge of selling his goods, and the Bedouin is the one who takes charge of selling his goods, and the resident does not take charge of it; because the resident knows the goods and knows their values; so his selling on behalf of the Bedouin would be a hardship for the people. The Messenger of Allah (peace and blessings be upon him) said:
leave the people alone, Allah will give them provision from one another.
دعوا الناس يرزق الله بعضهم ببعضSo the one who brings goods from the desert, such as camels, cows, or ghee, or dried curds, or anything else, should be the one who takes charge of the sale; so as not to be harsh with the people, and so that the good is spacious for the people. If he sells it, he does not impose a hardship, but if a resident sells it for him, and a broker sells it for him; he may impose a hardship, and he may not sell it except at the highest prices; so his taking charge of that would be a hardship for the people.
And does the ruling on the car fall under that? This is a matter for consideration. Does it fall under what the Prophet (peace and blessings be upon him) mentioned, or not? It is a matter for consideration. The closest view, and Allah knows best, is that it falls under it if the people of the desert come from a distant place, with their cars, and bring them to the markets at the showrooms, and appoint the showroom owner to sell them. Does it fall under this, or not? It is a matter for consideration.
The closest view, and Allah knows best, is that it falls under it due to the generality of the text. It may be said: it does not fall under it; because they know the goods, and they know the prices, and there is no longer any difficulty in them. So they sell with their consent, and by their consultation, things they know, and which are not unknown to them. Unlike the Bedouins in the beginning, in some of the things they bring, they do not know their values. But the markets have now become close, and people have come to know the goods, and the desert has become like the residence in knowing, now, the goods, and knowing the values of cars. They bought them, used them, and knew their values. So it may be said in this case: that the cause which the Prophet (peace and blessings be upon him) mentioned is now absent; because the Bedouin, if he takes charge of what he sells, does so only at the prices that people know, and that the residents know; so there is no danger to the people in this. It may be said this, and it is close, and strong.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
