Author: Dr. Muhammad Zia-ur-Rahman A'zami (رحمه الله)
A common commercial scenario is as follows: A trader displays samples of certain products, such as freezers, washing machines, etc., in a showroom. When a customer expresses interest in purchasing an item, the trader agrees upon a price with the customer. Afterward, he contacts the importer, purchases the item in the required quantity, places it in his vehicle, delivers it to the customer’s house, and only then collects the payment.
The ruling on such a transaction is that it is not permissible. This is because it involves selling an item before acquiring ownership and possession, which is clearly prohibited in Shari'ah.
It is authentically reported from the Prophet ﷺ:
«لَا يَحِلُّ سَلَفٌ وَبَيْعٌ، وَلَا بَيْعُ مَا لَيْسَ عِنْدَكَ»
“A loan and a sale (in one contract) are not lawful, nor is the sale of that which you do not possess.”
And the Prophet ﷺ said to Hakīm ibn Ḥizām:
«لَا تَبِعْ مَا لَيْسَ عِندَكَ»
“Do not sell that which you do not possess.”
Additionally, it is also authentically reported that the Prophet ﷺ prohibited selling goods at the place of purchase before the seller had physically transferred the items to their own premises or possession.
[Sunan Abī Dāwūd, Hadith No. 3499]
[Ibn Bāz, Majmūʿ al-Fatāwā wa al-Maqālāt: 19/18]
❖ Selling Items Before Taking Ownership and Possession is Not Permissible
A common commercial scenario is as follows: A trader displays samples of certain products, such as freezers, washing machines, etc., in a showroom. When a customer expresses interest in purchasing an item, the trader agrees upon a price with the customer. Afterward, he contacts the importer, purchases the item in the required quantity, places it in his vehicle, delivers it to the customer’s house, and only then collects the payment.
The ruling on such a transaction is that it is not permissible. This is because it involves selling an item before acquiring ownership and possession, which is clearly prohibited in Shari'ah.
It is authentically reported from the Prophet ﷺ:
«لَا يَحِلُّ سَلَفٌ وَبَيْعٌ، وَلَا بَيْعُ مَا لَيْسَ عِنْدَكَ»
“A loan and a sale (in one contract) are not lawful, nor is the sale of that which you do not possess.”
And the Prophet ﷺ said to Hakīm ibn Ḥizām:
«لَا تَبِعْ مَا لَيْسَ عِندَكَ»
“Do not sell that which you do not possess.”
Additionally, it is also authentically reported that the Prophet ﷺ prohibited selling goods at the place of purchase before the seller had physically transferred the items to their own premises or possession.
[Sunan Abī Dāwūd, Hadith No. 3499]
[Ibn Bāz, Majmūʿ al-Fatāwā wa al-Maqālāt: 19/18]