Fatwa ID: 07846

 

Written by Alimah Shireen Mangera-Badat

 

Question:

 

If I reserve a product in a store without buying it yet, can I legally sell it on eBay to a customer before paying for and receiving it, but only receive the money once the customer has received the product?

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

The typical way business operates is by first purchasing a product and then selling it, a process commonly referred to as a fulfilment sale.

 

The Quran has specified this when issuing guidance on completing a contract that you have entered; In surah Maida: 1- “O believers! Honour your obligations…….” . When you made the reservation to buy it, you entered a contract with eBay, which means you as a buyer are under an agreement. . Therefore, for you to sell a product that is not yet in your holding, would be a form of deceit and you would be the bearer of all loss in any incurs.

 

This would also mean that the right to any gain from property is justified by the responsibility for any potential loss. Therefore, selling an item without owning it means one does not bear the liability, and thus, any gain from such a sale is unjustified.

 

Therefore, in conclusion, under Hanafi jurisprudence, selling a reserved product without owning or possessing it is not permissible. Engaging in such a transaction would violate the principles of Islamic commercial law. It is advisable to either purchase the item before selling it or use permissible contract structures like Wakālah or Bay’ al-Salam, ensuring all Shariah conditions are met. 

 

 

 

Only Allah knows best.

Written by Alimah Shireen Mangera-Badat

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 

 

 

 يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ أَوْفُوا۟ بِٱلْعُقُودِ ۚ

 

https://www.ebay.co.uk/help/policies/member-behaviour-policies/user-agreement?id=4259

 

والشروط في العقود معتبرة ما لم تخالف الشريعة،  فإن خالفت الشريعة فالشرط فاسد لا يوُفَّى به

Iqtisaadi Islaami page 12)

 

 القاعد الفقية- ص- ٩٦- القاعدة الرابة العشرون- الغرم بالرم

 

 القاعد الفقية- ص-٩٥– القاعدة الثالثة العشرون- الخارج بالضمان