Why do we not validate the sale of a car that I do not own, which is held pending the owner's response?
Machine translationRead the Arabic original
The Shaykh : Yes, this is what Sami is saying: why do we not validate the sale?
The student : Which sale, O Shaykh?
The Shaykh : The sale of a car that I do not own, which is held pending the owner's response. We say that this man who sold it sold it as if it were his property, not as if it were the owner's property and he was his agent. However, if he sold it as the owner's property and he was his agent, we would say this is an unauthorized transaction, and the correct view is that it is permissible. But this man sold it with a definitive sale, as if it were like one in his possession, for example.
The student : Which sale, O Shaykh?
The Shaykh : The sale of a car that I do not own, which is held pending the owner's response. We say that this man who sold it sold it as if it were his property, not as if it were the owner's property and he was his agent. However, if he sold it as the owner's property and he was his agent, we would say this is an unauthorized transaction, and the correct view is that it is permissible. But this man sold it with a definitive sale, as if it were like one in his possession, for example.