The Ruling on Selling Surplus Goods Before the Owner’s Approval
Machine translationRead the Arabic original
Question:
And the case of Shaykh Abu Bakr: He asked, “What is the ruling on one who sells something he has not been authorized to sell, and after the sale, the owner of the item has a right in it and it is disliked?”
Answer:
This is based on the disagreement you heard. The school’s position is that it is not valid, and the second opinion, which is a narration from Ahmad, is that it is permissible if the owner approves it. Selling surplus goods is valid with the owner’s approval; if the owner approves it, it is valid. However, the first opinion is stronger. Yes.
And the case of Shaykh Abu Bakr: He asked, “What is the ruling on one who sells something he has not been authorized to sell, and after the sale, the owner of the item has a right in it and it is disliked?”
Answer:
This is based on the disagreement you heard. The school’s position is that it is not valid, and the second opinion, which is a narration from Ahmad, is that it is permissible if the owner approves it. Selling surplus goods is valid with the owner’s approval; if the owner approves it, it is valid. However, the first opinion is stronger. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 8 من 89|شرح العدة في شرح العمدة|البيوع|فصل في حكم بيع الملامسة والمنابذة|صالح الفوزان|الفقه — youtube.com (20:01)
The Arabic text is a machine transcription of the audio recording.
