Is it permissible to sell food held as a debt to a third party before taking possession?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
It is not permissible to sell food that is owed to a person by another to a third party before taking physical possession of it because the seller is unable to hand it over. This ruling is established because the item is not in the seller's control.
Supporting text
It is permissible to sell the debt to the person who owes it, according to the soundest opinion in the school. This is supported by the narration from Ibn Umar, where they used to exchange camels for dirhams in al-Baqi', then take dinars in their place. This position is also the view of Al-Shafi'i. Another narration suggests it is invalid, similar to the ruling on advance payment sales (salam), but the first opinion is stronger.