Monday, February 6, 2023
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Business queries, selling without ownership or possession

Fatwaa ID: 301

Question:
السلام عليكم ورحمة الله وبركاته Mufti Saheb

I have few maslas to ask regarding business:

  1. If I advertise a friend’s product which is in his store, only when someone make an order, I buy the product and sell it to him. But the product will be delivered by my friend. Will that be permissible?
  2. If I live at a certain place. And I have a store room far away from where I live which I haven’t physically seen the products. If someone wants to buy the products, can I sell them?
  3. My uncle have a clothing industry, if I take school uniform from him and sell it. Only when the clients buy the clothing then I give him the money and take my share of profit from it. Is that allowed?
  4. If I bought something, l but haven’t received it. Then I show it to my friend via a picture (via WhatsApp for example). He says he is interested in that, and wants to buy it. Can I sell it to him.. meaning, instead of it get delivered to me, it gets delivered to him. Is that allowed?
  5. Lastly, if I buy for example, a big bulk of sugar. Like in containers. But before leaving the sugar industry, I sell it to some stores, and few of the containers get delivered to him from the industry. Will that be permissible?

I would really appreciate if answered separately if possible.

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your queries. We wish to highlight two principles first before answering your questions. There is express prohibition from Nabi (S) in regards to these.
A. It is impermissible to sell something which one does not own.
B. It is impermissible to sell something prior to assuming possession over it.

The answers to your queries are as follows:

  1. The above will not be permissible as you are selling something which you do not own nor possess. Alternatively, you may become an agent of your friend and advertise on his behalf and also take orders on his behalf. You may then get paid an agreed amount for the advertising or agency service you have provided or you may agree on a commission based pay.
  2. The details of this is not clear. If there is someone at the said store who assumes possession of the items on your behalf when you purchase them and store them there, then it will be permissible for you to sell the purchased items. It should be noted that the person assuming possession on your behalf must be a third person, not the seller.
  3. The details of this is not clear. Here is a suggestion to ensure permissibility: You serve as an agent of your uncle and sell the uniforms on his behalf. You will then get paid an agreed amount for each uniform you sell.
  4. You may not sell something until you assume possession of it. The above will not be permissible.
  5. It is not clear whether you are at the store or you have simply placed an order. If you are at the store and you have assumed constructive possession of the containers, then you may sell it to the stores. However, if you are simply placing an order, then it will be necessary for you to first assume possession of the containers before you can sell them.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

06/13/1444 AH – 01/06/2023 CE | 3398

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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