Prohibition of selling before seeking the partner's permission
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The questioner:
He said, may Allah be pleased with him, the Shaykh informed me, may Allah be pleased with him, in the hadith narrated by al-Jundal, in which it is stated that it is not permissible for him to sell until he seeks the permission of his partner. It was narrated by Muslim. The question is: Is this prohibition for the sake of dislike (makruh) or for the sake of prohibition (haram)? And is the partner excused, for example, by the ruling?
The Shaykh:
The prohibition is for the sake of prohibition (tahrim) because it is an encroachment on the right of another. That is, he sells and conceals the sale and does not give his partner permission. He says, "Do you have a desire? Do you see a benefit in selling this?" There is harm to his partner in this, so he sins by it because he has encroached upon his partner. Therefore, it is forbidden. The prohibition here is for the sake of prohibition.
Another questioner:
What does the multiple buyer say?
The Shaykh:
The buyer has nothing on him. The buyer is not the one encroaching. The buyer said to him, "Come, buy from him." He said to him, "It does not contradict."
Another questioner:
The partner's crisis.
The Shaykh:
It is the buyer who seeks permission. It is the seller who seeks permission. The seller is the one who seeks permission from his partner. He says, "Do you see that I am selling? Do you want the share or not?" He offers it to his partner first, or he does not sell to an outsider unless his partner has no desire. Yes, because this is part of good conduct, and part of truthfulness with the partner, and part of removing harm from the partners. Yes, it is not permissible for him to sell until he seeks the permission of his partner. If he does not seek his permission, then he sins by this. Yes.
He said, may Allah be pleased with him, the Shaykh informed me, may Allah be pleased with him, in the hadith narrated by al-Jundal, in which it is stated that it is not permissible for him to sell until he seeks the permission of his partner. It was narrated by Muslim. The question is: Is this prohibition for the sake of dislike (makruh) or for the sake of prohibition (haram)? And is the partner excused, for example, by the ruling?
The Shaykh:
The prohibition is for the sake of prohibition (tahrim) because it is an encroachment on the right of another. That is, he sells and conceals the sale and does not give his partner permission. He says, "Do you have a desire? Do you see a benefit in selling this?" There is harm to his partner in this, so he sins by it because he has encroached upon his partner. Therefore, it is forbidden. The prohibition here is for the sake of prohibition.
Another questioner:
What does the multiple buyer say?
The Shaykh:
The buyer has nothing on him. The buyer is not the one encroaching. The buyer said to him, "Come, buy from him." He said to him, "It does not contradict."
Another questioner:
The partner's crisis.
The Shaykh:
It is the buyer who seeks permission. It is the seller who seeks permission. The seller is the one who seeks permission from his partner. He says, "Do you see that I am selling? Do you want the share or not?" He offers it to his partner first, or he does not sell to an outsider unless his partner has no desire. Yes, because this is part of good conduct, and part of truthfulness with the partner, and part of removing harm from the partners. Yes, it is not permissible for him to sell until he seeks the permission of his partner. If he does not seek his permission, then he sins by this. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 31 من 89|شرح العدة في شرح العمدة|الإجارة|باب الشفعة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:09:15)
The Arabic text is a machine transcription of the audio recording.
