Sale by Telephone

Question

Here the shops are quite far away. The deal is placed by telephone; when everything is ready and the sack has been tied up, an employee goes and brings it. The respected Hazrat Mufti Rashid Ahmad said that if the buyer is not present at the time the object of sale is weighed, then the container should be his, and he said that this matter is a sale by mutual delivery (ta‘ati) (?).

Answer

An even easier way is that the sale should not be on the condition of measuring and weighing (bi-shart al-kayl wa-l-wazn); rather, it should be said: “Give us such-and-such an item for so many rupees; our man will come and collect it,” or: “Send it with your man,” — and there should be no discussion at all of the rate.

Source: Fatawa Mahmudiyya

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