Selling a Machine before Obtaining Its Possession

প্রশ্ন · Question

Our honourable Sheikh,
Assalam Alaikum Wa Rahmatullah Wa Barakatuh
Can you please answer a personal question concerning contract?
I have a 400 -square-meter facility with a carpentry machine. One of
the people came to buy the machine and I agreed to sell it. Then he
asked me to rent out the facility for him to keep the machine he
bought from me in its place and work on it in the same place. The
contract was agreed on these terms. Note that the machine is
portable but it is kept in the facility, and note that the facility’s key is
with the person who rented out the facility and who owns the
machine and has full benefit of the facility a nd is free to utilize it
without causing damage or damage to it.
Does the contract between us meet the Shariah conditions if the
machine is not moved?

Or is the contract void (batil) for not moving the machine and
keeping it in the facility that he rented (the purchaser of the
machine?)
May Allah give you Barakah and bring the victory by your hands
Please answer this question as soon as possible due to necessity.
Wassalam Alaikum Wa Rahmatullah Wa Barakatuh

উত্তর · Answer

Assalam Alaikum Wa Rahmatullah Wa Barakatuh
In sale, it is required the receipt of the item and obtaining its
possession, but this is only for the items that are weighted, measured
and counted, such as buying fabrics or food such as rice or buying a
number of watermelons or bananas ... Such things that are weighed,
and include those that are measured by (thira’ (arm)),... or Sold in
singles like watermelon or that are sold by weight and the like that
are sold by its measure or measured by the arm or weight or number
... All these during their sale must be removed from its place from the
purchaser. This is similar for the seller, in order for the commodity to
be his property and he may sell it, it must be in his possession and
taken to his shop.
Therefore, it is not permissible for the merchant to sell a commodity
that he does not own, that is it is not in his shop, Prophet
Mohammad ﷺ said:
«مَنْ ابْتَاعَ طَعَامًا فَلََ يَبِعْهُ حَن َّ يَسْتَوْفِيَهُ »
“Whoever buys food let him not sell it until he takes possession of
it.” [Bukhari]
Muslim Narrated from Ibn Umar:
«نْ نَبِيعَهُ
َ
ِي الطَّعَامَ مِنْ الرُّكْبَانِ جِزَافًا فَنَهَانَا رَسُولُ اللَّهِ صلَ الله عليه وسلم أ
وَكُنَّا نَشْي َ
حَن َّ نَنْقُلَهُ مِنْ مَكَانِهِ »

“We used to buy food without estimation (weight, measure) from
travelers, so the Prophet ﷺ prohibited us from selling it until we
moved from its place”
Muslim Narrated that the Prophet ﷺ said:
«مَنْ ابْتَاعَ طَعَامًا فَلََ يَبِعْهُ حَن َّ يَكْتَالَهُ »
“Whoever purchases food, he must not sell until he weighs it”
On the authority of Hakim Bin Hizam, he said:
«يَّ قَالَ فَإِذَا اشْي ََيْ
ِي بُيُوعًا فَمَا يَحِلُّ لَِي مِنْهَا وَمَا يُحَرَّمُ عَلََ
شْي َ
َ
ي أ
قُلْتُ يَا رَسُولَ اللَّهِ إِب ر تَ بَيْعًا
فَلََ تَبِعْهُ حَن َّ تَقْبِضَهُ »
“I said O Messenger of Allah, I buy goods, which is Halal and which is
Haram for me? He ﷺ said if you buy goods, don’t sell it before you
obtain its possession” [Ahmad]
On the authority of Zaid Bin Tahbit:
«نْ تُبَاعَ السرلَعُ حَيْثُ تُبْتَاعُ حَن َّ يَحُوزَهَا التُّجَّارُ
َ
إِنَّ رَسُولَ اللَّهِ صلَ الله عليه وسلم نَهََ أ
إِلََ رِحَالِهِمْ »
“The Prophet ﷺ prohibited the sale of a product where it is bought
before the trader obtains its possession” [Abu Dawood]
Ahmad Narrated in his Musnad from Ibn Umar that the Messenger of
Allah ﷺ said:
«وْ وَزْنٍ فَلََ يَبِيعُهُ حَن َّ يَقْبِضَهُ
َ
مَنْ اشْي ََى طَعَامًا بِكَيْلٍ أ »
“Whoever buys food; weighed or measured, he must not sell before
obtaining its possession”
It is clear that the Hadiths mention the weight and measure, as well
as mentioning in food general. Food is either weighed, measured or
counted, because it is sometimes sold by the number as some types
of fruit, for example ... Therefore, the requirement of obtaining

possession is a condition in all that is related to estimating food,
weight, measure or number.
As for other items that are not weighed, measured or counted,
obtaining their possessions are not a condition for the sale. This so
for the sale of a house, land, animals, and the like, because the house
and the land cannot be moved, as for the animal it is due to the text:
Bukhari narrated from Ibn Umar that he was riding on a troublesome
camel that belonged to Umar
«فَقَالَ لَهُ النَّنِْيُّ صلَ الله عليه وسلم بِعْنِيهِ فَقَالَ عُمَرُ هُوَ لَكَ فَاشْي ََاهُ ثُمَّ قَالَ هُوَ لَكَ يَا
عَبْدَ اللَّهِ فَاصْنَعْ بِهِ مَا شِئْتَ »
“The Prophet ﷺ said: Sell it to me. Umar said: its yours. He ﷺ bought
it and then he said its yours O Abdullah, you can do what you like
with it.”
In this Hadith the Prophet ﷺ bought it from Umar and sold it to
Abdullah Bin Umar before obtaining its possession from Umar.
Also, Muslim narrated in his Sahih on the authority of ‘Amir, he said
that Jabir Bin Abdullah said:
«نْ يُسَيربَهُ قَالَ فَلَحِقَن ِي النَّنِْيُّ صلَ الله عليه
َ
رَادَ أ
َ
عْيَا فَأ
َ
نَّهُ كَانَ يَسِيُْ عَلََ جَمَلٍ لَهُ قَدْ أ
َ
أ
وسلم فَدَعَا لَِي وَض ََبَهُ فَسَارَ سَيًْْا لَمْ يَشِّْ مِثْلَهُ قَالَ بِعْنِيهِ بِوُقِيَّةٍ قُلْتُ لََ ثُمَّ قَالَ بِعْنِيهِ
تَيْتُهُ بِالْجَمَلِ فَنَقَدَب ِي
َ
هْلَِي فَلَمَّا بَلَغْتُ أ
َ
فَبِعْتُهُ بِوُقِيَّةٍ وَاسْتَثْنَيْتُ عَلَيْهِ حُمْلََنَهُ إِلََ أ ثَمَنَهُ ثُمَّ
تُرَاب ِي مَاكَسْتُكَ لِْخُذَ جَمَلَكَ خُذْ جَمَلَكَ وَدَرَاهِمَكَ فَهُوَ لَكَ
َ
ثَرِي فَقَالَ أ
َ
رْسَلَ ف ِي أ
َ
رَجَعْتُ فَأ »
“that he was travelling on his camel which had grown jaded, and he
decided to let it off. When Allah's Messenger ﷺ met him and prayed
for him and struck it, so it trotted as it had never trotted before. He
said: Sell it to me for an 'uqaya. I said: No. He again said: Sell it to me.
So I sold it to him for an 'uqaya, but made the stipulation that I
should be allowed to ride back to my family. Then when I came to
(my place) I took the camel to him and he paid me its price in ready
money.

I then went back and he sent: (someone) behind me (and as I came)
he said: Do you see that I asked you to reduce price for buying your
camel. Take your camel and your coins; these are yours.”
In the Hadith it mentions that the Messenger of Allah ﷺ bought
Jabir’s camel, but the Prophet ﷺ did not obtain its possession, and
Jabir continued riding the camel until his reached his family ... and
then he gave the camel to the Prophet ﷺ.
Thus, the sale of animals and their like, which is usually not sold by
weight or measure or number, does not necessitate obtaining their
possession as a condition for the sale.
The opinion that I outweigh is that the carpentry machine that you
asked about is like the animal, so you can sell it without obtaining its
possession, i.e. not to be transferred from its place ... In other words,
the sale contract of the machine is correct whether the buyer moved
it to his home or rented the place where it is and kept in the same
place, and the sale permission is correct, May Allah send His Baraka
upon your transaction (sale of the Machine) and upon the one who
bought it too.
This is what I outweigh and Allah ﷻ knows best , He is Most Wise.
Your brother,
Abu Yasin
22 Jumada Al-Awwal 1439 AH
08/02/2018 CE