Buying and Selling with Ads and Affiliates

QUESTION

Assalamualaikum, Permission to ask ustadz, if for example I am advertising something that is not mine, the intention is to check the market first to see how many people are interested.

For example, an example of an advertisement *”coming soon, iPhone 12 pro cellphone, is anyone interested?”*

For example, only that much or the approximate conditions are also explained.

Jazaakallah khair (+62 897-6709-xxx)

ANSWER

Wa’alaikumussalam warahmatullah wabarakatuh

If it’s just advertising, that’s okay..

The important thing is not to go through buying and selling that is still unclear.

The Prophet forbade someone from selling goods that did not belong to him. According to Imam Syafi’i because it is not known whether the real owner allows it or not.

Wallahu A’lam

QUESTION

assalamualaikum ustadz, afwan I want to ask additional questions related to this,

If the item is not ours, but the owner allows it, is this permitted?
Because in today’s digital era, with social media, there is something called an affiliate, where in general anyone can become a member to be able to sell goods.

Does this mean that the owner of the goods has given permission?

for example, a shop owner sells goods on an e-commerce application, and on that platform there is an affiliate feature, that is, anyone can sell the goods, is this seller and affiliate a contract that is permitted by the ustadz?

thank you 🙏(+62 812-9017-xxxx)

ANSWER

Wa’alaikumussalam warahmatullah wabarakatuh

From..

From Hakim bin Hizam, the Prophet ﷺ said:

Don’t sell what you don’t have

Don’t sell items that don’t belong to you. (HR. Ahmad no. 15311, Shaykh Syu’aib Al Arnauth said: sahih. See Ta’liq Musnad Ahmad no. 15311)

This hadith strictly prohibits us from selling things that do not belong to us. Imam Al Baghawi Rahimahullah said:

In its meaning, selling someone else’s property without his permission is invalid because it is fraud, because he does not know whether the owner will allow it or not, and about that he said Al-Shafi’i.

The meaning is that selling other people’s property without their permission is haram, therefore it is gharar. Because he didn’t know whether the owner allowed it or not. That is the opinion of Imam Asy Syafi’i. (Imam Al Baghawi, Syarhus Sunnah, 8/141)

If there is a company that has opened up the opportunity for anyone to be their salesperson, whatever the term is these days, please do so. When we have registered, logged in, and our data is received, of course that is permission. As long as the goods and services we help sell are halal and have clear prices, specifications, etc., so that they are not unlawful

Wallahu A’lam

Farid Nu’man Hasan

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