La Vente d'un Article Marchand Que le Vendeur Ne Possède Pas Encore

2. Ahmad ibn Muhammad has narrated from Muhammad ibn ‘Isa from Mansur from Hisham ibn Salim who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who makes a sale for an appointed time without having the merchandise with him and guarantees the sale for the buyer. He (the Imam) said, It is not unlawful.’”.

Il a été demandé à l'Imam Abu 'Abdillah (que la paix soit sur lui) au sujet d'un homme ayant vendu une marchandise sans délai de paiement et ayant garanti la vente, il répondit : "Il n'y a pas de mal en cela."

3. Ahmad ibn Muhammad has narrated from Ali ibn al-Hakam from abu Hamzah who has said the following: I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of a man who has bought certain goods which are not exchanged by measurement or weighing; if he can sell them before receiving delivery. He (the Imam) said, It is lawful.’”

J'ai demandé à Abi Ja'far (que la paix soit sur lui) au sujet d'un homme qui achète un bien sans mesure ni poids, peut-il le revendre avant de le prendre ? Il a répondu : "Il n'y a pas de mal."

4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from ‘Abd al- Rahman ibn al-Hajjaj who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘A man comes to me and asks for certain goods. I contract with him for a certain profit, then buy it to sell to him. He (the Imam) asked, ‘Does he have the choice to take or leave it?’ I replied, ‘Yes, he does.’ He (the Imam) said, Tt is lawful.’ I then said, ‘There are those among us who destroy it.’. He (the Imam) asked, ‘Why is that?’ I replied, ‘He sells what is not with him.’ He (the Imam) asked, ‘What does he say about advance payment to receive goods in future in which case he sells what is not with him?’ I replied, ‘Yes, it happens.’ He (the Imam) said, Tt is valid because they call it advance payment. My father would say, “It is lawful to sell all kinds of goods that you can find at the time you sell.’””

Le contenu principal du hadith est une discussion sur la légitimité de vendre une marchandise que l'on n'a pas encore acquise au moment de la vente, en mettant en avant le concept de consentement et de perception sociale de la transaction.

5. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Fadalah ibn Ayyub from Mu‘awiyah ibn ‘Ammar who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who comes to me and asks for certain goods of silk but I do not have anything as such, ‘Consider if he finds a better deal than this; can he change and go for that deal instead of the deal with you and can the same thing apply to you also?’ I replied, ‘Yes, - that can happen.’ He (the Imam) said, Tt then is lawful.’”

Le contenu principal du hadith met en lumière la question de l'éthique commerciale et des engagements pris lors de transactions. Il souligne l'importance de respecter les accords conclus, même si une meilleure opportunité se présente, et encourage à être juste et équitable dans les affaires.

6. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Yahya ibn al-Hajjaj from Khalid ibn Najih who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘A man comes to me and says, “Buy this cloth and I give you so and so much profit.’” He (the Imam) asked, ‘Can he take or leave it if he so wants?’ I replied, ‘Yes, he can do so.’ He (the Imam) said, ‘It is lawful. It is statements that make it lawful as well as unlawful.’”

Il n'y a aucun mal en cela, car il ne fait que rendre licite ou illicite le discours.

7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from al-Nadr ibn Suwayd from ‘Abd Allah ibn Sinan who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is lawful for a man to sell goods which are not with him in the form of Musawamah (fixed price regardless of capital), then buy for him the goods he demands and make it necessary for yourself thereafter to ask him to sell it to you.’”

Il n'y a pas de mal à ce qu'un homme vende des biens qu'il n'a pas en sa possession, puis les achète pour lui-même comme il les a demandés, puis les rend obligatoires pour lui-même, puis les vend à partir de là.

8. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Urn ay r from Hammad from al-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who makes a sale and the merchandise is not with him for an appointed time but he guarantees the sale. He (the Imam) said, ‘It is not unlawful.’”

Pas de problème.

9. Certain persons of our people have narrated from Ali ibn Asbat from abu Mukhallad al-Sarraj who has said the following: “Once, we were with abu ‘Abd Allah, ‘Alayhi al-Salam, when Mu‘attib came in and said, ‘There are two people at the door.’ He (the Imam) said, ‘Bring them inside.’ The two men came inside and one of them said, ‘I am a butcher. Can I sell the skin before I slaughter the sheep?’ He (the Imam) said, ‘It is not unlawful. However, say from the sheep is from so and so land.’”

Il n'y a pas de mal, mais attribuez-la à un animal de telle et telle région.