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Selling an item without taking possession of it

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: my friend wants to help me out financially. Therefore, he has decided that I should organize for him prospective buyers, he will sell to them and deliver to them but the invoice will be made out to me,they must pay me, I must take out my profit and then pay him the remainder, he will just take the cost price for it. In this whole process I will not take delivery of the goods at all. how do I overcome this as i have no time to take delivery of the goods first? is it possible that for example, I give this friend of mine R50 and tell him that now we are partners in the business and for for every transaction we will discuss how much we both should receive,even though i just gave R50 but maybe I will end up getting more than him since he will only take cost price or slightly above cost price. if i am his partner, even though a silent partner,then taking qabza is not necessary for me as he as my partner is selling the goods so it’s as if i am selling the goods. will this be permissible? 

Bismillaah

A: Alternately, you may act as an agent on behalf of your friend and receive a salary for introducing the customers to him.

مطلب في أجرة الدلال تتمة قال في التاترخانية وفي الدلال والسمسار يجب أجر المثل وما تواضعوا عليه أن في كل عشرة دنانير كذا فذاك حرام عليهم وفي الحاوي سئل محمد بن سلمة عن أجرة السمسار فقال أرجو أنه لا بأس به وإن كان في الأصل فاسدا لكثرة التعامل وكثير من هذا غير جائز فجوزوه لحاجة الناس إليه كدخول الحمام وعنه قال رأيت ابن شجاع يقاطع نساجا ينسج له ثيابا في كل سنة (رد المحتار 6/63)

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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