QUESTION:
I advertised a used item on a group (I did mention that it was used, etc). A person messaged me to purchase the item. I informed them that if the item is not collected within 2 days, I would put the item back up for sale. The person then informed me that they would do an EFT to reserve the item. They also mentioned that they were away from home and would be returning on Friday (last week). I agreed to keep the item until Friday and also told them that I will send my banking details once they are ready to make the payment. I thereafter realized that I still have use for the item and would no longer like to sell it. On Sunday, I messaged the person to ask them if they would be collecting the item and told them that I have another use for it, so it’s fine if they do not want it. The person informed me that they are having difficulty in arranging to pick it up and asked if I would be able to drop it off, which I can’t do.
Q1) I’d like to know, since no EFT has been made to reserve the purchase, nor has the individual contacted me to collect it, is it permissible for me to use the item for myself?
A1) It seems from your query that the customer called you with the intention of purchasing the item/s, but the transaction was not concluded, hence you stated that you will only keep the item for two days. The buyer then stated that he will EFT the funds as this will confirm purchase of the goods (according to our understanding), but he failed to EFT the funds into your account as well. In this scenario, you are still considered as the owner of the goods and free to keep the goods, or re-advertise the goods. However, if the customer confirmed the purchase when he called and it was just a matter of transferring funds into your account and picking up the goods, then the transaction was already finalized and concluded. In this instance, you may request the buyer to reverse the transaction, and if he agrees, then you may cancel the transaction.
البيع: ينعقد بالإيجاب والقبول إذا كانا بلفظ الماضي…وإذا حصل الإيجاب والقبول لزم البيع (مختصر القدوري ص78)
وَأما الْإِقَالَة فمشروعة لقَوْله عَلَيْهِ الصَّلَاة وَالسَّلَام من أقَال نَادِما بيعَته أقَال الله عثرته يَوْم الْقِيَامَة ثمَّ اخْتلفُوا فِيهَا قَالَ أَبُو حنيفَة هِيَ فسخ فِي حق الْمُتَعَاقدين بيع جَدِيد فِي حق (تحفة الفقهاء ص110 ج2)
Q2) If the above is not permissible, then is it permissible for me to re-advertise the item?
A2) This question has been answered above.
Q3) In general, is it permissible to attach a condition that all items which are not collected within a specific time-frame, will be re-advertised?
A3) No, attaching such a condition is impermissible as this will be of benefit to the seller which will render the transaction as corrupt.
وكل شرط لا يقتضيه العقد وفيه منفعة لأحد المتعاقدين أو للمعقود عليه وهو من أهل الاستحقاق يفسده (اللباب 2/26)
Q4) Is it permissible to attach a condition that items are sold on a first come, first serve basIs?
A4) Yes, to mention to customers that items are sold on first come, first served basis is correct. This in essence means that, if the item is available, then the customer may purchase it, but if it is sold out, then the customer has no claim against the seller. The seller should bear in mind that this is only applicable if the transaction was not previously concluded telephonically, or through any other means of communication between the transactors.
ALLAH TA’ALA IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Abdul Kader Fazlani
Date: 04 Muharram 1446 / 11 July 2024
CHECKED AND APPROVED BY:
Mufti Mohammed Desai
