Selling an Item of Merchandise Which the Seller Does Not Yet Have in His Possession

“This is concerning my question before abu ‘ Abd Allah (a.s.), about the case of a man who comes to me and asks me for certain goods at the price of ten thousand dirham or less or more but I have only what is worth one thousand dirham. I then borrow from my neighbor and take from this and that person to complete the amount and sell to him; then buy from him or ask someone else to buy from him so that I then can return to the people from whom I had borrowed. He (the Imam) said, It is lawful.’”

“Once abu ‘Abd Allah (a.s.), was asked about the case of a man who makes a sale for an appointed time without having the merchandise with him and guarantees the sale for the buyer. He (the Imam) said, It is not unlawful.’”.

I once asked abu Ja‘far (a.s.), about the case of a man who has bought certain goods which are not exchanged by measurement or weighing; if he can sell them before receiving delivery. He (the Imam) said, It is lawful.’”

“I once said to abu ‘Abd Allah (a.s.), ‘A man comes to me and asks for certain goods. I contract with him for a certain profit, then buy it to sell to him. He (the Imam) asked, ‘Does he have the choice to take or leave it?’ I replied, ‘Yes, he does.’ He (the Imam) said, Tt is lawful.’ I then said, ‘There are those among us who destroy it.’. He (the Imam) asked, ‘Why is that?’ I replied, ‘He sells what is not with him.’ He (the Imam) asked, ‘What does he say about advance payment to receive goods in future in which case he sells what is not with him?’ I replied, ‘Yes, it happens.’ He (the Imam) said, Tt is valid because they call it advance payment. My father would say, “It is lawful to sell all kinds of goods that you can find at the time you sell.’””

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who comes to me and asks for certain goods of silk but I do not have anything as such, ‘Consider if he finds a better deal than this; can he change and go for that deal instead of the deal with you and can the same thing apply to you also?’ I replied, ‘Yes, - that can happen.’ He (the Imam) said, Tt then is lawful.’”

“I once said to abu ‘Abd Allah (a.s.), ‘A man comes to me and says, “Buy this cloth and I give you so and so much profit.’” He (the Imam) asked, ‘Can he take or leave it if he so wants?’ I replied, ‘Yes, he can do so.’ He (the Imam) said, ‘It is lawful. It is statements that make it lawful as well as unlawful.’”

“Abu ‘Abd Allah (a.s.), has said, ‘It is lawful for a man to sell goods which are not with him in the form of Musawamah (fixed price regardless of capital), then buy for him the goods he demands and make it necessary for yourself thereafter to ask him to sell it to you.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who makes a sale and the merchandise is not with him for an appointed time but he guarantees the sale. He (the Imam) said, ‘It is not unlawful.’”

“Once, we were with abu ‘Abd Allah (a.s.), when Mu‘attib came in and said, ‘There are two people at the door.’ He (the Imam) said, ‘Bring them inside.’ The two men came inside and one of them said, ‘I am a butcher. Can I sell the skin before I slaughter the sheep?’ He (the Imam) said, ‘It is not unlawful. However, say from the sheep is from so and so land.’”