Question:-
I would like to know the ruling in regards to gifting an item to one that was supposed to have purchased the item. The seller didn’t have stock of the item, so the purchaser agreed to purchase the item as soon as the seller receives stock. The seller now intends gifting the item to the buyer without taking the money. Can the buyer accept the item without paying even though his intention was to pay for the item? Also does the seller have to take some payment as his intention changed afterwards (to give the item as a gift without requiring payment from the buyer)?
Answer:-
In the queried scenario, the transaction hasn’t been concluded as the seller doesn’t have stock of the item. The buyer has simply agreed to purchase the goods when the seller receives the stock. Hence, the seller will be considered as the owner of the goods when the stock is received, and, as the owner of the goods he is free to either sell the goods, or gift the goods to whomsoever he wishes. However, when gifting the goods, it is necessary that the recipient accepts the gift and takes possession of the gifted item for the transaction to be concluded.
الهبة تصح بالإيجاب والقبول، وتتم بالقبض، فإذا قبض الموهوب له في المجلس بغير أمر الواهب جاز، وإن قبض بعد الافتراق لم تصح، إلا أن يأذن له الواهب في القبض. وتنعقد الهبة بقوله: وهبت، ونحلت، وأعطيت، وأطعمتك هذا الطعام (اللباب ص171 ج2)
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 06 Dhul Qa’dah 1443 / 07 June 2022
