What is the ruling regarding selling commodities before possession based on textual evidence?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The prohibition established by the Prophet regarding selling food before possession implies permission for other items, based on the principle of specific mention implying exclusion. Furthermore, the ownership is considered established since the cause necessitating ownership is present, with only actual possession pending. Possession is not a prerequisite for the validity of sale, as evidenced by the permissibility of selling deposited or inherited property, and disposing of the Mahr (dower) or the compensation for Khul' (redemption from marriage) according to Abu Hanifa. Evidence permitting disposition before possession includes the narration of Ibn Umar concerning the exchange of camels for dirhams and then dinars, where the Prophet permitted it provided separation occurred without anything remaining between them, which constitutes dealing with the price before possession.
Supporting text
Those who argue against selling before possession cite the prohibition on selling commodities where they are bought until merchants move them to their locations (reported by Abu Dawud), and the prohibition on purchasing Sadaqa (charity) until it is possessed (reported by Ibn Majah). They also argue that ownership is not fully established, similar to non-specific items or measured goods. Additionally, the narration where the Prophet instructed Umar to sell his camel, and subsequently gave ownership to Abdullah ibn Umar to do as he wished, suggests disposition of the sold item (via gift) before its possession. Similarly, the permissibility of subletting leased benefits before possessing the leased object supports this view. Another supporting argument is that if the sold item is not subject to a right of fulfillment, its sale is valid, like money held in trust or by a manager.