Author: Dr. Muhammad Ziya-ur-Rahman Azmi رحمه الله
◈ “Do Not Sell What You Do Not Possess” – Understanding the Principle ◈
In today's markets, it is common to see a situation where a customer comes to buy an item, and the seller responds:
“Please wait a little.”
The seller then goes to another store, purchases the item, and sells it to the customer.
Is this permissible in Sharīʿah? And does it fall under Bayʿ al-Salam?
If both parties conclude a sale contract before the seller owns the item, then the transaction is invalid, based on the clear prohibition of the Prophet ﷺ:
“Do not sell what you do not possess.”
Sunan Abī Dāwūd, Ḥadīth 3503
This hadith establishes a fundamental Sharʿi principle:
A person cannot sell an item he does not yet own or possess.
✔ If there is only a promise and no sale contract is executed, the transaction is permissible.
For example:
This is allowed, as long as the seller does not bind the buyer in any way.
They may simply say:
“In shāʾ Allāh, I’ll get it for you by evening.”
If the customer finds the item elsewhere and buys it in the meantime, the seller should not object or claim betrayal.
Key Condition:
No sale contract or binding agreement must occur before the seller actually possesses the item.
Ibn ʿUthaymīn – Liqāʾ al-Bāb al-Maftūḥ 25/115
◈ “Do Not Sell What You Do Not Possess” – Understanding the Principle ◈
❖ The Question:
In today's markets, it is common to see a situation where a customer comes to buy an item, and the seller responds:
“Please wait a little.”
The seller then goes to another store, purchases the item, and sells it to the customer.
Is this permissible in Sharīʿah? And does it fall under Bayʿ al-Salam?
❖ The Sharʿi Ruling:
If both parties conclude a sale contract before the seller owns the item, then the transaction is invalid, based on the clear prohibition of the Prophet ﷺ:
“Do not sell what you do not possess.”
Sunan Abī Dāwūd, Ḥadīth 3503This hadith establishes a fundamental Sharʿi principle:
A person cannot sell an item he does not yet own or possess.
❖ Permissible Scenario – Promise Without Binding Sale:
✔ If there is only a promise and no sale contract is executed, the transaction is permissible.
For example:
- The customer asks in the morning to purchase an item.
- The seller replies: “Come back after ʿAṣr.”
- The seller intends to purchase the item in the meantime and then sell it.
- No sale or agreement has taken place yet.
This is allowed, as long as the seller does not bind the buyer in any way.
They may simply say:
“In shāʾ Allāh, I’ll get it for you by evening.”
If the customer finds the item elsewhere and buys it in the meantime, the seller should not object or claim betrayal.
Key Condition:
No sale contract or binding agreement must occur before the seller actually possesses the item.
Ibn ʿUthaymīn – Liqāʾ al-Bāb al-Maftūḥ 25/115