What is the ruling on selling food before taking possession of it?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The predominant view narrated from Ahmad is that it is not permissible to sell food before taking possession, regardless of whether it is measured, weighed, or not. This implies that food, specifically, does not enter the buyer's liability until possession is taken. Evidence for this is derived from the general prohibition: "Whoever buys food, let him not sell it until he has fully taken possession of it" (Muttafaq 'alayh). Another narration from Ibn Umar states that they were forbidden from selling food purchased from drovers (al-rukban) until they moved it from its location.
Supporting text
Malik's position aligns partially, holding that food sold by measure or weight cannot be sold before possession, but food sold by estimate (mujafah) or sold without measurement or weighing is permissible to sell before possession. Ibn Abd al-Barr considers the soundest opinion from Ahmad to be that the prohibition is specific to food, based on the prophetic prohibition against selling food before possession, implying permissibility for non-food items. Some scholars interpret the prohibition only to apply to measured, weighed, or counted food items, due to the similarity of this prohibition to the prohibition regarding Riba al-Fadl (usury of excess).