Selling Purchased Goods Before Taking Possession of Them

Question

(1) Zayd ordered goods for trade from outside through a bank. When the goods arrived, Zayd could not clear them — the goods were not released; and the longer Zayd delayed, the more the charges (duty) on them kept increasing day by day. Zayd said to Bakr: “I cannot clear the goods I ordered, therefore I sell them to you without profit; buy the consignment note that has come through the bank.” Bakr paid the money for those goods and all the charges on them, took the goods into his possession and secured them.

Answer

The above method is contrary to the Shari‘a and impermissible. As long as Zayd has not taken possession (qabd) of these goods, he cannot sell them. The permissible way is to take a loan from someone, first clear the goods, and then sell them to whomever he wishes at whatever price he wishes. The demand for the daily sales takings is also impermissible in the case asked about.

Source: Fatawa Mahmudiyya

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