Category: the book of sales Transactions

The ruling on a Sale for a delayed Credit Payment and selling before Possession

Question :

If a person has a product, like grain or sugar or paints or peas, and its current value is equal to 100 riyals. He wants to sell it to someone who owes a debt for 130 riyals, for example, to be paid at later fixed time. The time for payment is after a complete year, but a year passes or two years and the person does not pay. What is the ruling?

Answer:

Likewise, if the person who owed the debt bought the product from the warehouse or the shop and the original owner counts the product out for him (weighing or tallying it), can he sell it in its same place after it has been counted out and he has received it? Or does he have to take possession of it and move it to another place? Please give us a ruling and may Allâh reward you.

It is permissible for the person to sell a product, such as food or other than it, on a fixed term of payment later, even if the price of the sale on credit is increased from its original value at the time of buying it or from its current market price. The person who owes the debt of payment must repay the debt to its owner at its appointed time. This is due to Allâh's Statement:
"Then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully), and let him fear Allah, his Lord."

This is also due to what is confirmed from the Prophet that he said:
"Whoever takes the wealth of the people and he intends to pay it back, Allâh will pay it back for him, and whoever takes the wealth of the people intending to waste it, Allâh will waste him."

If the person buys a product from a warehouse or shop, for example, and the original owner counts it all out for him, it is not permissible for the buyer to sell it in its place simply by its being counted out. That is not considered receiving the merchandise. Rather, it is mandatory for the buyer to be allowed to sell it for him to take complete possession of it and move it to another place. This is due to what was recorded by Ahmad from Hakeem bin Hizam that he said, "O Messenger of Allâh, verily I buy some sales products, so what is permissible for me regarding them and what is forbidden for me?" The Prophet said:
"When you buy something, do not sell it until you take it into your possession."

This is also due to what Ahmad and Abu Dawud recorded from Zaid bin Thabit that the Prophet prohibited merchandise to be sold in the place where they were bought until the merchants took them to their places. It is also due to what Ahmad and Muslim recorded from Jabir, who said that the Prophet said:
"If you buy any food, do not sell it until you receive all of it."

In a version recorded by Muslim, it is stated that the Prophet said:
"Whoever buys some food, he should not sell it until he weighs it."