Is receiving the payment for a commodity before possessing it considered impermissible, and if this occurs, is the money considered haram and will the doer be held accountable for it? And is it permissible to purchase a commodity from a merchant who does not currently possess the goods, and requests the payment in advance to purchase them?
This contract has two aspects: The aspect of Sharia compliance: This is represented by the Salam sale, where you agree with customers on a described but unspecified commodity, which can be delivered, deferred to a known term, and the price is paid at the time of the contract. Then the commodity is delivered when the term is due, and there is no objection to purchasing it with the paid price. The aspect of Sharia violation: This is represented by selling what one does not own, which is prohibited. This occurs when the contract is made for a specific good that is not owned by the seller at the time of the contract, and he buys it after receiving the price. This is based on the Prophet’s (peace and blessings be upon him) saying to Hakim ibn Hizam: "Do not sell what you do not possess." This act is forbidden, and its perpetrator is sinful.
Just as it is impermissible for the seller to sell what he does not possess, it is also impermissible to buy from a seller who sells what he does not possess, except in the case of a Salam transaction.
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- Original fatwa ID
- 132638
- Imported
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- Source text, unreviewed
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