Q1) I advertise my second-hand items and unwanted gifts on WhatsApp trade groups. People will message me asking to purchase the items and if I have a few people asking, then I sell it to the one who asked first. Since these items are sold at a minimal amount, I allow the customer to pay for it when they come to collect the item. A few times now, it has happened that people would message me to purchase the item and I agree. They then inform me that they will be collecting it on a particular day. If they don’t end up coming on said day, then I message them again and they will again inform me that they are going to come. It happens a few times like this and eventually, they don’t end up coming, nor do they inform me if they will still be taking the item or not. In this way, the item doesn’t get sold and I lose out on other potential customers. I’d like to know, in such an instance, is it permissible for me to re-advertise the uncollected item?
A1) It seems from your query that the customer called you with the intention of purchasing the item, but the transaction was not concluded. The buyer then stated that he will EFT the funds and 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 2/110)
Q2) Can I attach a condition that if the person does not collect the item on the day which they have specified, then I will either re-advertise the item or sell it to another interested customer?
A2) No, attaching such a condition is impermissible (when concluding the transaction) as this will be of benefit to the seller which will render the transaction as corrupt. Yes, if the transaction was not concluded then it may be sold to another person if the potential buyer does not take the item by the stipulated date.
وكل شرط لا يقتضيه العقد وفيه منفعة لأحد المتعاقدين أو للمعقود عليه وهو من أهل الاستحقاق يفسده (اللباب 2/26)
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Abdul Kader Fazlani
Date: 28 Safr 1446 / 02 September 2024
CHECKED AND APPROVED BY:
Mufti Mohammed Desai Saheb
