Normally in our society Salesmen order from a company over the phone things like lumber, stoves etc .. and they then sell it i.e. they get it delivered direct from the company to their costomes without themselves taking possession of the item? Is this permissible? If not how can we have a solution to this problem without having to go to the company for possession etc which is very time consuming and difficult.This is a very common thing? Can u pliz explain a little about the term Umoom e balwa. when can one make amal on this?
In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
One of the basic conditions for the validity of a sale in Shariah is that the commodity must be in the physical or constructive possession of the seller. This service i.e. where the salesperson order via the telephone from a company and get the goods delivered to the customer is not permissible as the salesperson is entering into a legally binding transaction before attainment of the goods in his possession. Furthermore, when one enters into any transaction there should be the possibility of one placing themselves under risk i.e. if anything happens, then the seller/buyer will be responsible for losses also and not only receive profits.
Rasulullah (Sallallāhu alayhi wasallam) explicitly prohibited that transaction wherein no possession of the item took place.
عن عمرو بن شعيب عن أبيه عن جده قال : نهى رسول الله عن سلف وبيع وعن شرطين في بيع وعن بيع ما لم يقبض وربح ما لم يضمن
(Al Mu’jamul Awsat)
(Al Hidāyah, Vol. 3, Pg. 74, Shirkat Ilmiyyah)
(Fatāwa Mahmudiyyah, Vol. 16, Pg. 94, Fāruqiyyah)
1. Generally, a courier service is used to transport the goods from supplier to customer and the suppliers utilise their own courier service. In this scenario, it will be difficult for the salesman/seller to make them his agent to take possession of the item. However, if the salesperson allocates his own courier service at the same time appointing them as his agent to take possession of the goods and have it delivered to the customer, then this eliminates the difficulty of one physically taking possession of an item. Hence, in the event of loss or damage to the goods after leaving the company, it will be at the salesperson’s expense. This is similar to the conventional method of drop shipping and if done under this scenario will be permissible.
2. A second method will be to appoint a person besides the purchaser of the goods at the place where the goods will be delivered as ones agent. When the goods reach the place of the purchaser, the agent of the seller/salesperson will take possession of it before it comes into the possession of the purchaser. This scenario will differ according to individual capacity and ones business dealings.
‘Umūm balwā, according to Juristic terminology, is a prevalent complicated situation which affects the majority of the masses, and it is only possible to avoid this situation if one undergoes extreme difficulty. In Islamic Jurisprudence, there exist such principles that facilitate for those who are caught up in the situation of umūm balwā. The purpose of this is to ease out the way forward for those who wish to carry out daily activities. If such a leeway is not created, this becomes extremely difficult to the masses, therefore, it will only be permissible for a Mujtahid to allow for leniency in those matters where there is no clear texts mentioned in the Qur’ān and Hadīth.
An example of this is interest i.e. people today cannot deal without it, but this does not mean that Shari’ah will overlook this difficulty and create a concession for the masses because interest is clear negated in the Qur’ān and hadīth.
Amongst the principles of Islamic jurisprudence touching on ‘umūm balwā situations are
المشقة تجلب التيسير
Meaning: “Difficulty brings/draws ease.”
In order to understand Umūm balwā, we will cite an example. Urine as we all understand is impure, however when one relieves themselves, then that urine which is equal to the size of a needle head is forgiven and overlooked due to the difficulty in avoiding such urine splashes soiling the clothing.
(Al Ashbāh Wan Nazā’ir, Pg.84, fikr)
(Principles of Deen,Pg. 124, Mufti afzal, Zam Zam)
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum
Ml. Ebrahim Desai,
Student Dārul Iftā
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah