عن ابْنَ عُمَرَ – رضى الله عنهما – يَقُولُ قَالَ النَّبِىُّ – صلى الله عليه وسلم – مَنِ ابْتَاعَ طَعَامًا فَلاَ يَبِعْهُ حَتَّى يَقْبِضَهُ
From Ibn ‘Umar -may Allah be pleased with them both-, the Prophet -peace and prayer of Allah be upon him- said: “He who buys foodstuff should not sell it till he has received it.” (Narrated by Bukhari in hadith no. 2133, and Muslim, in hadith no. 3922)
Prohibition of selling the purchased item until it is received, from the seller to the buyer, not only applied in foodstuffs such as rice and wheat, but in all traded items.
عَنِ ابْنِ عُمَرَ قَالَ ابْتَعْتُ زَيْتًا فِى السُّوقِ فَلَمَّا اسْتَوْجَبْتُهُ لِنَفْسِى لَقِيَنِى رَجُلٌ فَأَعْطَانِى بِهِ رِبْحًا حَسَنًا فَأَرَدْتُ أَنْ أَضْرِبَ عَلَى يَدِهِ فَأَخَذَ رَجُلٌ مِنْ خَلْفِى بِذِرَاعِى فَالْتَفَتُّ فَإِذَا زَيْدُ بْنُ ثَابِتٍ فَقَالَ لاَ تَبِعْهُ حَيْثُ ابْتَعْتَهُ حَتَّى تَحُوزَهُ إِلَى رَحْلِكَ فَإِنَّ رَسُولَ اللَّهِ -صلى الله عليه وسلم- نَهَى أَنْ تُبَاعَ السِّلَعُ حَيْثُ تُبْتَاعُ حَتَّى يَحُوزَهَا التُّجَّارُ إِلَى رِحَالِهِمْ
From Ibn ‘Umar, he said: “I bought some olive oil in the marketplace, and when it came into my possession I was met by a man who offered me a good profit for it, and I wanted to make a deal with him, but a man behind me took hold of my arm. I turned around and saw that it was Zaid bin Thâbit. He said: `Do not sell it where you bought it until you take it to your place, for the Messenger of Allah -peace and prayer of Allah be upon him- forbade selling merchandise where it were bought, before the merchants moved them to their places.” (Narrated by Abu Daud in hadith no. 3501; the status is good)
“Sila” which means ‘merchandise’, comprises merchandise in the form of foodstuffs or other forms. Thus, this hadith is an indication that the prohibition of selling of wholesale goods until it is received from the first seller is not applied merely in foodstuffs, but also in all merchandises.
Selling items which already being sold but not yet handed is included in the following hadith:
عن عبد اللَّهِ بْنَ عَمْرٍو قَالَ قَالَ رَسُولُ اللَّهِ -صلى الله عليه وسلم- : وَلاَ رِبْحُ مَا لَمْ تَضْمَنْ
From Abdullah Ibn ‘Amr, the Messenger of Allah -peace and prayer of Allah be upon him- said: “It is not lawful gains without any responsibility to bear the loss.” (Narrated by Abu Daud, in hadith no. 3506; the status is good)
When the items were stored in the place of the first seller, all risk of damages became his responsibility. Thus, when we resold those items, and the delivery became the responsibility of the first seller, then we are free from responsibility of damage that might occur at the place of the first seller or during the delivery process. Hence, the profit we obtained is a profit without responsibility to bear the possible loss. Whereas the parameter of the real form of a handover process is an unwritten, various types of agreement of the society, that depends on the traded items.
Ibn Hajar said, “Shafi’i detailed the real forms of handover. If the merchandise could be handed by hand, such as money and clothes, then the real form of it’s handling is by giving and taking it by hand.
As for the items that could not be moved, such as house, land, and fruits on the tree, then the form of it’s handover is by takhliah (emptying the place, that is letting the buyer to use the item he has bought, -ed).
As for items that usually being moved from a place to another, such as woods, grains, and animals, are handed by moving the items to a place outside the authority of the seller. (See: “Fathul Bari”, fifth book, page 598-599, published by Dar Ath Thaibah, Riyadh, third edition, 1431 H)
Author: Ustadz Aris Munandar, M.P.I
Article of www.syaria.com