The Conflict Between Acknowledging Ownership on Behalf of Another and Suspending a Sale by a Non-Owner
Machine translationRead the Arabic original
Question:
He says: Does this not conflict with what we studied regarding the suspension of a non-owner’s sale until the owner’s approval?
Answer:
What is this sale by a non-owner? He did not say, “This is mine.” He did not say, “This is mine, so I am selling it to you.” The point is that the buyer should be on clear notice and be able to say, “This is my property.” He did not say, “I am selling it to you.” So there is a difference between a non-owner and a non-owner. A non-owner explicitly says, “This is not mine, but I am selling it to you, and it is up to the owner’s discretion whether he accepts or not.” If he accepts, then the buyer enters the transaction with clear knowledge. Yes.
He says: Does this not conflict with what we studied regarding the suspension of a non-owner’s sale until the owner’s approval?
Answer:
What is this sale by a non-owner? He did not say, “This is mine.” He did not say, “This is mine, so I am selling it to you.” The point is that the buyer should be on clear notice and be able to say, “This is my property.” He did not say, “I am selling it to you.” So there is a difference between a non-owner and a non-owner. A non-owner explicitly says, “This is not mine, but I am selling it to you, and it is up to the owner’s discretion whether he accepts or not.” If he accepts, then the buyer enters the transaction with clear knowledge. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 123 من 123 / شرح كتاب زاد المستقنع / الإقرار / صالح الفوزان / الفقه / كبار العلماء — youtube.com (37:37)
The Arabic text is a machine transcription of the audio recording.