Explanation of the author's statement: "And that it be from the owner or from one who stands in his place"

The Shaykh : The author (may Allah have mercy on him) says "And that it be from the owner". This is the fourth condition: "And that it be from the owner or from one who stands in his place." What is the evidence for this condition? The evidence for this condition is from the Qur'an and the Sunnah. As for the Qur'an, it is the statement of Allah, Blessed and Exalted is He: It is well known that if a person sells the property of another, the other person will not be pleased with that. He will not be pleased for someone to dispose of his wealth and sell it. As for the Sunnah, it is the statement of the Prophet (peace and blessings be upon him) to Hakim ibn Hizam: He forbade him from selling what he does not have. The meaning is what is not in his possession or what he is not able to control, as will come in the explanation, if Allah wills.
As for the rational argument, it is because if it were permissible for a person to sell what he does not own, there would be in that an amount of aggression and chaos that would make the life of human beings impossible to sustain. So the evidence for that is from the Qur'an and what else? And the Sunnah and correct reasoning. It is not possible to allow people to dispose of each other's wealth in sales.
The author says: "Or from one who stands in his place", meaning or from one who stands in the place of the owner. They are four categories: the agent (wakil), the executor (wasī), the guardian (walī), and the overseer (nāẓir). These are the ones who stand in the place of the owner, four categories. The agent, the second? The executor, the third is the overseer, and the fourth is the guardian. The agent is the one who has been given permission to dispose of the property during the owner's lifetime, like a man who gives his car to a person and says, "Sell it." This is an agent. Is it valid for him to sell it? Yes, because he stands in the place of the owner through agency, and because the Prophet (peace and blessings be upon him) appointed agents for selling and buying, and this is evidence from the Sunnah.
The second is the executor, who is the one who is ordered to dispose of the property after death. The executor is the one who is ordered to dispose of the property after death, such as if a person bequeaths something of his wealth to Zayd. Then the one to whom it was bequeathed is permitted to dispose of what was bequeathed to him in whatever way he sees as best. He is not the owner, but he stands in the place of the owner.
The third is the overseer, who is the one appointed over the endowment, meaning he is appointed as the agent for the endowment. For example, if someone says, "This house is an endowment for the poor and the needy, and its overseer is so-and-so ibn so-and-so." This person's disposal is also valid, even though he is not the owner, but he stands in the place of the owner. And what do we call this? We call him an overseer. And 'Umar (may Allah be pleased with him) endowed what he owned in Khaybar and said: "Hafsa will oversee it, then the people of opinion from my family." So 'Umar appointed Hafsa as the overseer of his endowment.
The fourth is the guardian, and guardianship is of two types: general and specific. General guardianship is the guardianship of the rulers, such as the judges, for example. They have general guardianship over the wealth of unknown owners and over the wealth of orphans if they do not have a specific guardian, and over other things. This is general guardianship. Specific guardianship is the guardianship over an orphan by a specific person, such as the guardianship of an uncle over his orphaned nephew. Is this specific or general guardianship? Specific. Why did we make this a guardian and not an agent? Because he derived his right to dispose through the Shari'ah, whereas the agent, the guardian, and the overseer derive it through the specific path of the owner. As for the guardian, his guardianship is derived from the Shari'ah. Good. And based on this, if a person appoints an agent to sell something and he sells it, it is valid, even though the agent is not the owner, but he stands in the place of the owner. Good. But it is obligatory for the agent to dispose of the property in whatever way he sees as best. If the goods are increasing in value, he must not sell them until the increase ends, unlike the one who disposes of his own property, for whom it is permissible to sell the goods for less. The difference between them is that the one who disposes for another must dispose in the most beneficial way, and the one who disposes for himself disposes in what? In whatever he wishes. For example, if I gave this man a recorder to sell, and people started bidding on the recorder until it reached one hundred or two hundred, it is not permissible for him to sell it while people are bidding on it until the price stabilizes. But if its owner sold it for one hundred riyals while it is worth two hundred, is that permissible? Why? Because this one is disposing of his own property, and that one is disposing for another. And look at this issue, which is disposing for another, how it was even in acts of worship. The imam must pray for the people according to what? According to the Sunnah, while the others pray as they wish. The Prophet (peace and blessings be upon him and his family) said: He may lengthen or shorten it. Good.