The discussion regarding the condition of ownership in a sale.
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The Shaykh : The author states that one of the conditions of a sale is that it be from an owner or from one who acts in his place. What is the evidence for the condition that it must be from an owner? Did you take it? Come on?
The questioner : The saying of Allah, Blessed and Exalted is He:[An-Nisa 4:29].
The Shaykh : Okay, what is the point of indication?
The questioner : The point of indication is that it is not permissible for anyone ... to agree ... .
The Shaykh : That another man sells his property.
The questioner : ... .
The Shaykh : Okay, correct, this is from the Qur'an, from the Sunnah?
The questioner : The saying of the Messenger of Allah (peace and blessings be upon him) to Hakim ibn Hizam:Sunan Ibn Majah 2187Hasan (Darussalam).
The Shaykh : Well done, from reasoning?
The questioner : From reasoning ... we said that it is not ..
The Shaykh : If it were permissible for a person to sell ..
The questioner : If it were permissible for a person to sell the property of another, corruption would spread and chaos would spread and ... .
The Shaykh : Yes, and aggression, may Allah reward you. Or from one who acts in his place, brother? No, yes, correct? Who acts in the place of the owner?
The questioner : The supervisor, the executor.
The Shaykh : Yes.
The questioner : ... .
The Shaykh : The supervisor, the executor, the guardian, and the fourth? Yes?
The questioner : The agent.
The Shaykh : The agent, okay.
The questioner : The agent.
The Shaykh : Yes, no, that's it, it's over, who is behind Hamid?
The questioner : Yes.
The Shaykh : Yes, distinguish for me between these four?
The questioner : The agent is ... the disposition during life.
The Shaykh : Yes.
The questioner : And as for the executor, he is the one who is permitted to dispose of the property after death.
The Shaykh : Yes.
The questioner : And the supervisor ... .
The Shaykh : Very well.
The questioner : And the guardian is ..
The Shaykh : The one who benefited from the disposition by permission from the Shari'ah, correct? The one who benefited from the disposition by permission from the Shari'ah, okay, guardianship is divided into? Yes?
The questioner : ... .
The Shaykh : What is general guardianship?
The questioner : ... .
The Shaykh : Yes, like the guardianship of the judge, yes?
The questioner : Special guardianship ... .
The Shaykh : Yes, well done, like the one in charge of an orphan, okay, is it permissible, Ali, for a person to sell what is worth one hundred for fifty?
The questioner : From his own property?
The Shaykh : I don't know?
The questioner : No, from his own property it is permissible ... .
The Shaykh : From his own property it is permissible, and what about the property of another?
The questioner : The property of another is not permissible, meaning he sells even at its value.
The Shaykh : If he acts in the place of the owner.
The questioner : No, it is not permissible because the disposition must be in the interest of the owner.
The Shaykh : Did you hear, everyone? Meaning, if he sells his own property, he has the right to sell it for less than its price. If he sells his property under a guardianship, agency, supervision, or guardianship, it is not permissible for him to sell it for less. And this rule applies even in acts of worship:Sahih al-Bukhari 703 And this is a useful rule, which is distinguishing between a person's disposition for himself and his disposition for another. For this reason, it is obligatory for the imam to lead the people in prayer as close as possible to the Sunnah in length and shortening. But if he prays for himself, he has the right to shorten it to less than the Sunnah and he has the right to lengthen it to more than the Sunnah, okay.
The questioner : The saying of Allah, Blessed and Exalted is He:
O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent
يا أيها الذين ءامنوا لا تأكلوا أموالكم بينكم بالباطل إلا أن تكون تجارة عن تراض منكمThe Shaykh : Okay, what is the point of indication?
The questioner : The point of indication is that it is not permissible for anyone ... to agree ... .
The Shaykh : That another man sells his property.
The questioner : ... .
The Shaykh : Okay, correct, this is from the Qur'an, from the Sunnah?
The questioner : The saying of the Messenger of Allah (peace and blessings be upon him) to Hakim ibn Hizam:
Do not sell what is not with you.
لا تبع ما ليس عندكThe Shaykh : Well done, from reasoning?
The questioner : From reasoning ... we said that it is not ..
The Shaykh : If it were permissible for a person to sell ..
The questioner : If it were permissible for a person to sell the property of another, corruption would spread and chaos would spread and ... .
The Shaykh : Yes, and aggression, may Allah reward you. Or from one who acts in his place, brother? No, yes, correct? Who acts in the place of the owner?
The questioner : The supervisor, the executor.
The Shaykh : Yes.
The questioner : ... .
The Shaykh : The supervisor, the executor, the guardian, and the fourth? Yes?
The questioner : The agent.
The Shaykh : The agent, okay.
The questioner : The agent.
The Shaykh : Yes, no, that's it, it's over, who is behind Hamid?
The questioner : Yes.
The Shaykh : Yes, distinguish for me between these four?
The questioner : The agent is ... the disposition during life.
The Shaykh : Yes.
The questioner : And as for the executor, he is the one who is permitted to dispose of the property after death.
The Shaykh : Yes.
The questioner : And the supervisor ... .
The Shaykh : Very well.
The questioner : And the guardian is ..
The Shaykh : The one who benefited from the disposition by permission from the Shari'ah, correct? The one who benefited from the disposition by permission from the Shari'ah, okay, guardianship is divided into? Yes?
The questioner : ... .
The Shaykh : What is general guardianship?
The questioner : ... .
The Shaykh : Yes, like the guardianship of the judge, yes?
The questioner : Special guardianship ... .
The Shaykh : Yes, well done, like the one in charge of an orphan, okay, is it permissible, Ali, for a person to sell what is worth one hundred for fifty?
The questioner : From his own property?
The Shaykh : I don't know?
The questioner : No, from his own property it is permissible ... .
The Shaykh : From his own property it is permissible, and what about the property of another?
The questioner : The property of another is not permissible, meaning he sells even at its value.
The Shaykh : If he acts in the place of the owner.
The questioner : No, it is not permissible because the disposition must be in the interest of the owner.
The Shaykh : Did you hear, everyone? Meaning, if he sells his own property, he has the right to sell it for less than its price. If he sells his property under a guardianship, agency, supervision, or guardianship, it is not permissible for him to sell it for less. And this rule applies even in acts of worship: