LEASE SECTION · 67 – SELLING THE PURCHASED FOOD ITEM BEFORE RECEIVING DELIVERY
From Ibn ‘Umar, may Allah be pleased with him: The Messenger of Allah, ﷺ, said: “Let not one sell a food item before he takes possession of it.”
EXPLANATION:
Food items cannot be sold to another person before they are taken into possession. Regarding other goods, there is disagreement as follows:
1- According to Abu Hanifa, may Allah have mercy on him; houses and land can be sold before being taken into possession. No other property can be sold until it has been taken into possession.
2- According to Imam al-Shafi’i; nothing can be sold without taking possession of it.
3- Imam Malik holds that selling anything other than food and drink is permissible before taking possession.
4- Ahmad ibn Hanbal holds that selling anything other than measured or weighed foodstuffs is permissible. (Ma'alim as-Sunan, vol. 5, p. 132)
From Ibn Umar (may Allah be pleased with him):
– During the time of our Messenger (peace and blessings upon him) [in his state of health],
we would purchase food. The Messenger of Allah (peace and blessings upon him) would send word to us, ordering us to move the goods we purchased to another place before selling them. Thus, he bought in a “carry” manner. [272]
COMMENTARY:
This honorable hadith indicates that when merchandise is moved from its original location, it is considered delivered.
*Cüzaf*: Means "as is," without measurement or weighing – referring to the carry method.
– He (ʿAbd Allāh ibn ʿUmar, may Allah be pleased with him) narrated: They used to bring foodstuffs and trade them as commodities at the upper part of the market. The Messenger of Allah (peace and blessings upon him) forbade selling a commodity before its delivery from its place.
Abdullah ibn Umar, may Allah be pleased with him, related:
The Messenger of Allah, peace and blessings upon him, forbade a person from selling a foodstuff until he had delivered it.
It is narrated from Ibn ‘Abbas, may Allah be pleased with him, that the Messenger of Allah, peace and blessings be upon him, said: “Let no one sell a commodity until he delivers it by measure.”
In the narration of Abu Bakr bin Shayba, there is this addition: Taus said: I asked Ibn ‘Abbas why selling before delivery is forbidden, and Ibn ‘Abbas replied: "Do you not see? The Companions used to trade on credit with gold and foodstuffs."
According to a narration from Ibn ‘Abbas, may Allah be pleased with him, the Prophet, peace and blessings be upon him, said: “Let not one of you sell something until he takes possession of it.”
Suleyman bin Harb narrated: “…until he has fully taken possession of it.”
[274]
In Musaddad’s narration is this addition: Ibn ‘Abbas said: I think that all commodities are like food [in that they should not be sold] until one takes possession of them.
Ibn 'Umar (may Allah be pleased with him) said: "I saw people being beaten in the era of prosperity because they would take food and transport it to their goods before selling it."
From Ibn ‘Umar, may Allah be pleased with him:
I purchased olive oil from the marketplace. After I had fully acquired it, a man appeared to me and gave me an exceedingly good profit. I wanted to grasp his hand, but then another man immediately seized my arm. I turned and saw that the one holding me was Zayd ibn Sabit. He said to me: Do not sell it until you bring it from where you purchased it to your home and to your guardian. For the Messenger of Allah, peace and blessings be upon him, forbade selling goods before the merchant transports them from the place of purchase to his own storehouse.