the permissibility of selling other items before taking possession of them. Ibn Umar narrated that he said: I saw those who bought food in bulk (mujazafah) being beaten during the time of the Messenger of Allah (peace be upon him) for selling it before they had transported it to their own quarters. This is a clear text (nass) regarding the sale of a specific item. The generality of his statement (peace be upon him): "Whoever buys food, let him not sell it until he has taken full delivery of it," is agreed upon by both (12). In Muslim (13), it is narrated from Ibn Umar that he said: We used to buy food from travelers in bulk, and the Messenger of Allah (peace be upon him) forbade us from selling it until we had moved it from its place. Ibn al-Mundhir said: The scholars have reached a consensus that whoever buys food has no right to sell it until he has taken full delivery of it. If it has entered into the buyer's liability, it becomes permissible for him to sell it and dispose of it, just as it is after taking possession. This indicates a generalization of the prohibition to all food, despite the explicit mention of the item sold in bulk (mujazafah) in the context of the prohibition. This contradicts the opinion of the Qadi and his companions. Its implication also indicates that other than
Sales. Sahih Muslim 3/1160. And Abu Dawud, in: Chapter on selling food before it is taken full delivery of, from the Book of Leasing. Sunan Abi Dawud 2/252. And al-Nasa'i, in: Chapter on selling food before it is taken full delivery of, from the Book of Sales. Al-Mujtaba 7/251, 252. And Imam Malik, in: Chapter on 'Aynah sales and similar transactions, from the Book of Sales. Al-Muwatta 2/640. (12) The first [tradition] was reported by al-Bukhari, in: Chapter on what is mentioned regarding the sale of food and hoarding, and Chapter on whoever holds the view that if one buys food in bulk, he should not sell it until he moves it to his quarters, and etiquette regarding that, from the Book of Sales. Sahih al-Bukhari 3/89, 90. And Muslim, in: Chapter on the invalidity of selling what is sold before taking possession, from the Book of Sales. Sahih Muslim 3/1161. It was also reported by Abu Dawud, in: Chapter on selling food before it is taken full delivery of, from the Book of Leasing. Sunan Abi Dawud 2/252. And Imam Ahmad, in: Al-Musnad 2/142. The second [tradition] was reported by al-Bukhari, in: Chapter on measurement being the seller's responsibility, and Chapter on what is mentioned regarding the sale of food and hoarding, and Chapter on selling food before it is taken into possession and selling what one does not possess, from the Book of Sales. Sahih al-Bukhari 3/88-90. And Muslim, in: Chapter on the invalidity of selling what is sold before taking possession, from the Book of Sales. Sahih Muslim 2/1159, 1162. It was also reported by Abu Dawud, in: Chapter on selling food before it is taken full delivery of, from the Book of Sales. Sunan Abi Dawud 3/251, 252. And al-Tirmidhi, in: Chapter on what has been narrated regarding the dislike of selling food until one takes full delivery of it, from the Chapters on Sales. ‘Aridat al-Ahwadhi 5/291. And al-Nasa'i, in: Chapter on selling food before it is taken full delivery of, from the Book of Sales. Al-Mujtaba 7/251, 252. And Ibn Majah, in: Chapter on the prohibition of selling food before taking possession of it, from the Book of Trade. Sunan Ibn Majah 2/749. And Imam Malik, in: Chapter on 'Aynah and similar transactions, from the Book of Sales. Al-Muwatta 2/640. And Imam Ahmad, in: Al-Musnad 2/22, 59, 64, 73, 79, 108, 111, 3/392, 402, 403. (13) In: Chapter on the invalidity of selling what is sold before taking possession, from the Book of Sales. Sahih Muslim 3/1161. It was also reported by Ibn Majah, in: Chapter on bulk sales (mujazafah), from the Book of Trade. Sunan Ibn Majah 2/750.
