The Majlis Archive

Finance - Banking - Business The Majlis Vol 18 No 12, p.5

Zaid buys and sells cellphones. Bakr offers him a phone for R1,000.

Question

Zaid buys and sells cellphones. Bakr offers him a phone for R1,000. Zaid, before buying the phone, offers it to Amar for R2,000. Amar agrees to buy it. Zaid then purchases the phone from Bakr, and presents it to Amar who pays him (Zaid) for the phone. Is this sale permissible?

Answer

The transaction is permissible. It should be noted that the sale transaction came into being and was effected at the time when Zaid handed the phone to Amar and he in turn paid Zaid the R2,000. The sale was not transacted at the time when Amar had agreed to buy the not-yet acquired phone. Therefore, if Amar refuses to buy the phone when Zaid presents it to him, Zaid will have no case against him. Amar cannot be compelled to buy the phone despite the initial agreement which was a promise, not a sale transaction. At that juncture, Zaid did not own the phone, hence the question of selling it did not develop. One may sell only items which one owns and which are in one's possession.

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The Majlis Vol 18 No 12
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