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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The admission of a sale by a non-owner and the sale by a non-owner

Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. The author (may Allah have mercy on him) said: “If a person sells something, or gives it as a gift, or frees a slave, and then admits that it belonged to someone else, his statement is not accepted.”

The Shaykh:
That is, we are returning to the discussion we explained and finished. Yes.

The questioner:
He says: Does this not conflict with what we studied regarding the suspension of a non-owner’s sale until the owner’s approval?

The Shaykh:
What is this non-owner sale? He did not say this is a non-owner’s [sale]. He did not say this is a non-owner’s [sale]. This is so that the buyer is on clear notice, and [the seller] says, “This is my property, but I am selling it to you.” So there is a difference between a non-owner’s sale. In a non-owner’s sale, he explicitly says, “This is not mine, but I am selling it to you, and it is up to the owner’s discretion if he accepts.” Yes, so the buyer enters the transaction with clear knowledge. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/141 شرح زاد المستقنع/ صالح الفوزان — youtube.com (37:29)

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

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