English translation
2187. It was narrated that Hakim bin Hizām said: "I said: 'O Messenger of Allāh, a man is asking me to sell him something that I do not possess. Shall I sell it to him?' He said: 'Do not sell what is not with you.'" (Hasan)
The Prohibition Of Selling What Is Not With You, And From Profiting On What You Do Not Possess
Darussalam · Volume 3
12. The Chapters On Business TransactionsSunan Ibn Majah Darussalam English translation
الحديث: 2187 ¦ الجزء: 2 ¦ الصفحة: 737
Source no. 2187 · Volume 5 · Page 187
Sahih
صحيح، الإرواء (١٢٩٢) ، الروض النضير (٢٩٦) ، أحاديث البيوع، المشكاة (٢٨٦٧)
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2187. It was narrated that Hakim bin Hizām said: "I said: 'O Messenger of Allāh, a man is asking me to sell him something that I do not possess. Shall I sell it to him?' He said: 'Do not sell what is not with you.'" (Hasan)
2187 - حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ قَالَ: حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ قَالَ: حَدَّثَنَا شُعْبَةُ، عَنْ أَبِي بِشْرٍ، قَالَ: سَمِعْتُ يُوسُفَ بْنَ مَاهَكَ، يُحَدِّثُ عَنْ حَكِيمِ بْنِ حِزَامٍ، قَالَ: قُلْتُ: يَا رَسُولَ اللَّهِ الرَّجُلُ يَسْأَلُنِي الْبَيْعَ وَلَيْسَ عِنْدِي، أَفَأَبِيعُهُ؟ قَالَ: «لَا تَبِعْ مَا لَيْسَ عِنْدَكَ»
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The explanation of the prohibited form is if the seller does not have the commodity but he receives a fixed price in advance, and promises that when he will have the commodity available he will give it to the buyer. It is unknown if he will have that commodity, and even if he does, the buyer may not like it; or perhaps the commodity is of a low quality compared to the price the buyer has paid in advance. It will cause a dispute and argument between the two parties, so this form of transaction is unlawful. b. The purchase of an unspecified thing is also included in the aforementioned unlawful trade; for example: a person says, before throwing a net into the river; "Whatever number of fish get trapped in the net, I shall sell them to you for such and such a price." Despite the fact that it is unknown whether there will be many or few fish in the net, or if they will be small or large. Therefore, the deal can only be made once the fish are out of water. The uncertainty of the deal makes it unlawful. (See: Ahâdith: 2194-2195) c. If the type, quantity and quality of the commodity is determined, and the time of delivery is appointed, then to pay a price in advance and to collect the commodity later at the appointed time is permissible. It is called Salam or Salaf (absolute interest free credit). (See Ahâdith: 2280-2282)