Is a salesperson's submission of a competitive price offer to a supplier who is already under contract considered "selling over another's sale"?
The prohibition of selling over another's sale is mentioned in the noble Hadith, and scholars have elaborated on the details of this prohibition in various situations:
1. Initial Bargaining: There is no harm in selling over others' sales or bidding over their bids as long as the bargaining is ongoing and no agreement has been reached between the seller and the buyer. 2. After Mutual Agreement and Contentment: If both the seller and the buyer have become content with each other and are satisfied with the intention of completing the transaction, then it is not permissible for anyone to interfere by selling, buying, or bidding. 3. After the Contract and Before the Option Expires: If the contract has been concluded and the option of the session (khiyar al-majlis) or the conditional option (khiyar ash-shart) remains, it is not permissible for anyone to interfere by attempting to sell for less or buy for more. 4. After the Sale Becomes Binding: Scholars differed regarding the ruling on selling over one's brother's sale after the option of the session has expired and there is no conditional option. The Shafi'is and Hanbalis held it permissible unless there was a possibility of annulment, while others held it forbidden even in this case, a view favored by some contemporary scholars, unless a very long time has passed.
Sales representatives must be aware of these rulings. If a representative knows that a buyer has become content with another company and intends to purchase from them, it is not permissible for them to offer their goods to that buyer. However, if they do not know, there is no harm in offering their goods.
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