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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Selling land that the seller does not own

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Question:
A man followed the Shaykh, and a piece of rope was left behind, and he obtained a small piece of land, but he was not certain whether he would get it or not, and he did not know where that land was located. He sold that land for a sum of five thousand riyals, on the condition that he would not guarantee them obtaining the land, nor would he specify its location. Is this sale explicit or not?

Answer:
This sale is invalid, and this money is forbidden, because he sold what he does not own. It is not permissible for the seller to sell to the buyer until he takes possession of it with its boundaries and area. Before that, it is not permissible to sell it. The Messenger (peace and blessings be upon him) said: "Do not sell what you do not have." It is not permissible. It is a condition in a sale that the seller owns the item being sold, or is authorized to sell it, meaning by agency. This is a matter in which many people fall, driven by greed, greediness, haste, and indifference. This action is not permissible. And Allah the Exalted knows best, and may Allah send prayers and peace upon our Prophet Muhammad and upon his family and companions.
Source قناة «العلامة الدكتور صالح الفوزان»، 90 من 175 /شرح بلوغ المرام/الصيام/صوم التطوع وما نهي عن صومه/صالح الفوزان/الحديث/كبار العلماء — youtube.com (45:53)

The Arabic text is a machine transcription of the audio recording.

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