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Islamic Ruling on Selling Goods Before Taking Ownership and Possession

Prohibition of Selling Before Ownership Transfer


Author:
Dr. Muhammad Ziya-ur-Rahman Azmi (رحمہ الله)


Ruling on Selling Goods Before Ownership and Possession


If a trader keeps sample products—such as freezers, washing machines, etc.—in a showroom, and when a customer wants to buy one of these items, the trader agrees with him on the price, then contacts the importing trader, purchases the required quantity from him, loads it into his vehicle, delivers it to the customer’s home, and then collects the payment—this type of sale is not permissible.


The reason is that it constitutes selling goods before acquiring ownership and possession.


It is authentically reported from the Prophet ﷺ that he said:
«لا يحل سلف و بيع، ولا بيع ما ليس عندك»
"It is not permissible to combine a loan and a sale, nor to sell what you do not possess."


The Prophet ﷺ also said to Hakim bin Hizam:
«لا تبع ما ليس عندك»
"Do not sell what you do not have."


Furthermore, it is established from the Prophet ﷺ that he forbade selling goods at the place where they were purchased before the merchants had moved them to their own premises.
[Sunan Abi Dawud, Hadith no. 3499]


[Ibn Baz: Majmu‘ al-Fatawa wa al-Maqalat: 19/18]
 
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