among yourselves.” [al-Nisa’ 4:29] It is well known that no one would be pleased for another person to dispose of his property and sell it.

As for the sunnah, the Prophet (peace and blessings be upon him) said to Hakim ibn Hizam: “Do not sell what you do not possess.” (1) Thus, he forbade him from selling what was not in his possession or what he was unable to deliver, as will be discussed, Allah willing, in the commentary.

As for sound reasoning, if a person were permitted to sell what he does not own, this would lead to such transgression and disorder that human life could not remain orderly. People cannot be given authority over one another’s property by selling it.

His statement, “or someone acting in his stead,” means someone who acts in place of the owner. There are four categories: the agent, the executor, the guardian, and the administrator. These are the ones who act in the owner’s stead.

An agent is someone authorized to dispose of property during the owner’s lifetime. For example, a man gives someone his car and says, “Sell it.” That person is an agent and may validly sell it, because he acts in the owner’s stead by virtue of the authorization. Moreover, the Prophet (peace and blessings be upon him) appointed agents for selling and buying. (2) This is evidence from the sunnah.

An executor is one who is instructed to dispose of property after death, such as when