Is it permissible to sell an item that requires possession before taking possession of it?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
It is not permissible to sell any item that requires possession before taking possession of it. This is supported by the Prophetic tradition: Whoever buys food, let him not sell it until he has taken full possession of it (Agreed upon). The reasoning is that the item remains under the guarantee of its seller, and thus its resale is not permissible, analogous to Salam contracts. There is no known scholarly disagreement on this, except for the opinion attributed to Al-Butay, who permitted selling everything before possession, an opinion which is rejected due to the established Sunnah and consensus regarding food.
Supporting text
For items other than food, selling before possession is permissible according to the most apparent of the two narrations from Imam Ahmad. This view is attributed to Uthman ibn Affan, Sa'id ibn al-Musayyab, Al-Hakam, Hammad, and Al-Awza'i, and Ishaq. A second narration from Ahmad, chosen by Ibn Aqil and attributed to Ibn Abbas, states that selling anything before possession is impermissible.