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Advertising an item that one does not have possession off

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:

1. Say I place advertisements for commodities that I do not have possession of. The advert will not mention that I do not currently possess such items. Anyone seeing the advert the will be given the impression that I do posses such items, but no lie/deception will take place. Then when customers contact regarding these products I will take down their orders, but not take payment. Only once I purchase and physically posses these items from my supplier, I will then contact the customers regarding payment. Is this manner of advertising commodities that I do not have possession of permissible?

2. After paying the supplier for the product, the supplier sends it to me via a courier company. Whilst this product is still travelling to me across the country in the possession of the courier company, but nevertheless after I have paid for the product, can I sell such a product to a customer?

Bismillaah

A:

1. It is permissible.

2. Don’t sell it. Ask him to commit himself to purchasing it. Thereafter, once you have got it in your custody you can then do the sale.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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