Explanation of the author's statement: "If he sold the property of another"
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The Shaykh : He (may Allah have mercy on him) says: "Or one who stands in his place, if he sold the property of another, it is not valid" Why? Because he is not the owner, as the condition of ownership is missing. Now, if he sold the property of his father, is it valid?
The questioner : It is not valid.
The Shaykh : It is not valid. The property of his son?
The questioner : It is valid.
The Shaykh : It is not valid. If a person is confused about the issue, he says there are two opinions. Yes?
The questioner : ... .
The Shaykh : It is not valid. If someone asks, did not the Messenger of Allah (peace and blessings be upon him) say We say yes, but if the father intends to sell the property of his son, let him first take ownership of it, and then sell it second. Because before he takes ownership, whose property is it? The son's. ... There is no objection. Take ownership of this wealth and then sell it. However, selling it while it remains in the ownership of your son without his permission, you do not have the right to do that. Now.
He says: "Or if he bought with the specific property of another without his permission, it is not valid" "Bought", do you have "for him"? Now, this means he bought with the specific property of the person without his permission, and it is not valid. How is it with the specific property? With the specific property, for example, a person gave you dirhams and said, take these dirhams and deliver them to so-and-so. You are now a trusted messenger, so you passed through the market with these dirhams with you and you bought a commodity with these dirhams, meaning you said to the seller, I bought this garment from you with these dirhams. So, did he buy with the specific property or not?
The questioner : ... .
The Shaykh : He bought with the specific property, so the sale is not valid.
The questioner : It is not valid.
The Shaykh : It is not valid. The property of his son?
The questioner : It is valid.
The Shaykh : It is not valid. If a person is confused about the issue, he says there are two opinions. Yes?
The questioner : ... .
The Shaykh : It is not valid. If someone asks, did not the Messenger of Allah (peace and blessings be upon him) say
You and your wealth belong to your father
أنت ومالك لأبيكHe says: "Or if he bought with the specific property of another without his permission, it is not valid" "Bought", do you have "for him"? Now, this means he bought with the specific property of the person without his permission, and it is not valid. How is it with the specific property? With the specific property, for example, a person gave you dirhams and said, take these dirhams and deliver them to so-and-so. You are now a trusted messenger, so you passed through the market with these dirhams with you and you bought a commodity with these dirhams, meaning you said to the seller, I bought this garment from you with these dirhams. So, did he buy with the specific property or not?
The questioner : ... .
The Shaykh : He bought with the specific property, so the sale is not valid.