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Is it permissible to sell goods that a person bought before taking possession of them, such as someone who bought a shipment of rice and sold it before its arrival, then it sank? And who guarantees its damage? Do documents count as possession in international shipping, or is actual possession required? Who guarantees damaged goods in this case, and what is the ruling on selling goods on ships and vessels that are exposed to accidents?

1 min readAlso available in العربية

A sales contract transfers the commodity from the seller to the buyer. The commodity does not exit the seller's guarantee to the buyer except upon possession. If the buyer or their agent takes possession of the commodity and removes it from the seller's warehouses, it is permissible for them to sell it, even if it is on a ship or an airplane, because it has come under their guarantee through possession and transfer. If it is agreed that the seller's responsibility ends upon delivery of the goods to the shipping entity approved by the buyer, then the removal of the goods from the seller's warehouses and their delivery against sales documents is considered possession, and the commodity comes under the buyer's guarantee. If it perishes, its guarantee is on the buyer. Selling goods while they are on a ship or an airplane is a valid sale, and ownership is transferred thereby. So, if a merchant sells their goods while they are on a ship after they have come under their guarantee, the sale is valid. If they perish before arrival, they are not under the new buyer's guarantee, because they remain under the seller's guarantee until the buyer takes possession of them. If the buyer or their agent (even if it is a shipping company) receives the goods, and they perish before arrival, they are under the buyer's guarantee because they have taken possession of them. If the seller was responsible for shipping them, or if the sale took place while they were on the ship and they perished before arrival, they are under the seller's guarantee.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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