What is the ruling on purchasing merchandise owned by a merchant but not present at the time of the contract, rather it is in his warehouse, with payment being cash or deferred? And does this sale fall under the category of selling a described item held in trust (بيع الموصوف في الذمة) or selling based on a sample (بيع النموذج), especially in cases of online or telephone sales where neither the price nor the sold item is delivered at the time of the contract?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is permissible to sell goods that are absent from the contracting session if they are owned by the seller and described in a distinctive manner, and this is the preferred view. It is valid to pay all or part of the price in advance without a condition from the seller. However, if the seller stipulates advance payment, it is permissible for goods whose condition is not feared to change, such as appliances and real estate, but not permissible for goods whose condition is feared to change, such as food and animals, due to the element of (uncertainty/risk) involved.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/194939
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- Ftawy
- Original fatwa ID
- 194939
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy