Question 367: Someone asks another person to buy an item in cash to sell it to them on credit. What is meant by the statement that this should not be a single contract?
Answer
✅ Please pay attention to the following narrations:
1 عَنْ أَبِي جَعفَر قَالَ: قَضَى أَمِيرُ الْمُؤْمِنِينَ فِي رَجُلٍ أَمَرَهُ نَفَرٌ لِيَبْتَاعَ لَهُمْ بَعِيراً بِنَقْدٍ و يَزِيدُونَهُ فَوْقَ ذَلِكَ نَظِرَةً فَابْتَاعَ لَهُمْ بَعِيراً وَ مَعَهُ بَعْضُهُمْ فَمَنَعَهُ أَنْ يَأْخُذَ مِنْهُمْ فَوْقَ وَرِقِهِ نَظِرَةً
📚 Al-Kafi, vol. 5, p. 207
Imam Baqir, peace be upon him, said: A group of people asked a person to buy a camel for them in cash, and they would pay him later with a delay. He bought a camel accompanied by one of them. Ali, the Commander of the Faithful, peace be upon him, ruled and prevented him from taking more than the price he had paid.
2 عَن أَبِي جَعْفَر قَالَ:مَنَعَ أَمِيرُ الْمُؤْمِنِينَ الثَّلَاثَةَ تَكُونُ صَفْقَتُهُمْ وَاحِدَةً يَقُولُ أَحَدُهُمْ لِصَاحِبِهِ اشْتَرِ هَذَا مِنْ صَاحِبِهِ و أَنَا أَزِيدُكَ نَظِرَةً يَجْعَلُونَ صَفْقَتَهُمْ وَاحِدَةً قَالَ فَلَا يُعْطِيهِ إِلَّا مِثْلَ وَرِقِهِ الَّذِي نَقَدَ نَظِرَةً قَالَ وَ مَنْ وَجَبَ لَهُ الْبَيْعُ قَبْلَ أَنْ يَلْزَمَ صَاحِبَهُ فَلْيَبِعْ بَعْدُ مَا شَاء
📚 Al-Tahdheeb, vol. 7, p. 48
Imam Baqir, peace be upon him, said: Ali, peace be upon him, prevented three people from carrying out a single transaction where their contract was one and the same. This happens when a person tells another: 'Buy this item from its owner, and I will pay you for it with a delay.' This is when all three people establish a single contract. Ali, peace be upon him, said: 'He should not pay him more than the price he paid in cash, with a delay.' He also said: 'Whoever's transaction is concluded and finalized before he concludes the transaction for another, can then sell it for any amount he wishes.'
✅ According to the two narrations above, if someone tells another person to buy a certain item in cash and promises to pay them a higher price on credit, and if the contract is solely based on this promise, the intermediary person is only owed the amount of money he paid for the item in cash, and he is not entitled to more. For example, if I tell you: 'Buy this car for me in cash, and I will pay you a higher amount for it in three months,' and you, based solely on this contract, give the money to the car owner and hand the car over to me. In such a case, I only owe you the amount you paid in cash for the car three months later, and I should not pay more than the cash amount.
The way to avoid this is that when I ask you to buy a car for me, you must buy the car separately and conclude the transaction with the car's seller. Then, in a separate contract and agreement, you can sell it to me on credit or in cash for any price you wish. In essence, two separate transactions take place: one is buying from the car's seller, and the second is selling it to me at the agreed-upon price and time.
✅ This method of buying for others is explicitly mentioned in other narrations, including:
3 عَنْ أَبِي عَبْدِ اللَّهِ قَالَ: لَا بَأْسَ بِأَنْ تَبِيعَ الرَّجُلَ الْمَتَاعَ لَيْسَ عِنْدَكَ تُسَاوِمُهُ ثُمَّ تَشْتَرِي لَهُ نَحْوَ الَّذِي طَلَبَ ثُمَّ تُوجِبُهُ عَلَى نَفْسِكَ ثُمَّ تَبِيعُهُ مِنْهُ بَعْدُ
📚 Al-Kafi, vol. 5, p. 201
Imam Sadegh, peace be upon him, said: 'There is no problem in selling a product that is not in your possession to a person and specifying a price with him. Then you buy for him something similar to what he wants and conclude its transaction and make it binding on yourself. Then you sell it to him later.'
✅ Those who are told by a person: 'Buy this item for me' and they buy the item for that person to sell it to them according to narration 3 , should pay attention to the following narration:
4 ... قال: قُلْتُ لِأَبِي عَبْد اللَّه الرَّجُلُ يَجِي ءُ فَيَقُولُ اشْتَرِ هذا الثَّوْبَ و أُرْبِحَكَ كذا و كذا قَال أَلَيْسَ إِنْ شَاءَ تَرَكَ و إِنْ شاء أَخَذَ قُلْتُ بَلَى قَالَ لَا بَأْسَ بِهِ إِنَّمَا يُحِلُّ الْكَلَامُ و يُحَرِّمُ الْكَلَام
📚 Al-Kafi, vol. 5, p. 201
... I said to Imam Sadegh, peace be upon him: 'A person comes and says: 'Buy this garment, and I will give you a certain amount of profit on it.' The Imam said: 'Isn't it the case that if he wishes, he can leave that garment, and if he wishes, he can take it?' I said: 'Yes.' He said: 'There is no problem, for indeed, the way of speaking makes something permissible and the way of speaking makes something forbidden.'
✅ It is clear that the person who commissions the purchase has the choice to buy it or not after we have purchased it, and we, too, after buying it, must have the choice to sell it or not to that person, according to the narration in 📚 Al-Tahdheeb, vol. 7, p. 50, hadith 219.
Buying in cash and selling on credit