If A buys a car but the seller has not delivered it and A has no control over it, A cannot resell it. If the car is identified, placed in an accessible garage and A is authorized to take it at will, control and risk may have passed, creating constructive possession.
This rule prevents a seller from earning on an asset that has never truly entered his commercial responsibility. Control and the relevant risk must first pass before resale.
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Cost-Plus Sale (مرابحة): Foundations and Rules of Sale
If A buys a car but the seller has not delivered it and A has no control over it, A cannot resell it. If the car is identified, placed in an accessible garage and A is authorized to take it at will, control and risk may have passed, creating constructive possession.
This rule prevents a seller from earning on an asset that has never truly entered his commercial responsibility. Control and the relevant risk must first pass before resale.