Is it permissible for the agent to request the transfer of money before purchasing the necessities?
It is permissible for an agent to receive purchase orders from customers and fulfill them through Murabaha (cost-plus financing), meaning he acquires the goods from stores and sells them to customers with a profit margin. This does not fall under the category of a person selling what he does not own; rather, it is a promise to sell, not a binding contract.
A condition for the permissibility of this transaction is that the initial agreement between the buyer and the agent must be a mere promise that is non-binding on either party, allowing each the option to complete or cancel the deal. If there is any obligation on either party, the contract becomes a sale of what one does not own.
It is not permissible for the agent to take any amount from the customer as an advance payment to ensure seriousness of purchase before the agent acquires possession of the goods, because that would make the promise binding and contradict the condition of non-obligation. The agent can mitigate the risk of the buyer reneging by purchasing the goods with the option of condition (Khiyar al-Shart), which allows him to return them to the seller if the buyer reneges.
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- Source platform
- Ftawy
- Original fatwa ID
- 16930
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
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