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Adding the condition “goods belong to the seller until paid for” in a sale

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: Please advise on below:

1. Many companies state at the bottom of their invoice “goods remain the property of the above company until fully paid for” What is the status of the goods?

2. Is it amaanat or does ownership pass on to the purchaser? Is such a condition permissible?

3. Will the sale be faasid if such a condition is added?

Bismillaah

A:

1. If the sale has been done and the purchaser has taken the commodity then the commodity will not belong to the seller.

2. This is an invalid condition.

3. What we understand is that this condition was made after the sale was concluded. Hence, it does not affect 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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