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The question

What is the ruling on money if the goods do not transfer from the merchant to the bank's possession in a Murabaha contract, and is the prohibition limited to the method, and what is the ruling on dealing with this person in terms of buying, selling, and giving gifts?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

For the murabaha (cost-plus financing) to be valid, the bank must purchase the commodity and take possession of it before selling it to the beneficiary, based on the of Hakim ibn Hizam: "Do not sell what you do not possess," and "If you buy something, do not sell it until you take possession of it." Also, the hadith of Zayd ibn Thabit states: "He ﷺ forbade selling commodities where they were bought until merchants move them to their own places." And the saying of Ibn Abbas: "Whoever buys food should not sell it until he has taken full possession of it." The preponderant opinion is that possession is a condition for all commodities, and possession of movable goods is by their transfer.

Some jurists hold that possession is not a condition except for food, or for items measured and weighed, or for all commodities except real estate.

If the bank has a board that does not stipulate possession except for food, and the transactor follows this opinion, then the sale is valid. If someone entered into the transaction unaware of the ruling, then the contract is affirmed, and the goods enter into his possession. There is no harm in dealing with him by buying, selling, or accepting gifts, even if his wealth is mixed with lawful and unlawful elements; dealing with him is not prohibited.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
17422
Imported
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Source text, unreviewed
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