so it does not constitute permission, like the silence of a previously married woman (thayyib). It differs from the silence of a virgin because of the presence of shyness that prevents speech in her case, and that [factor] is not present here.
Section: If a man appoints two people as agents to sell his commodity, and each of them sells the commodity to a man for a specified price, then the sale belongs to the first of them. This is narrated from Shurayh, Ibn Sirin, al-Shafi'i, and Ibn al-Mundhir. It is recounted from Rabi'a and Malik that they said: It belongs to the one who was the first to take possession (qabd). We argue that it has been narrated in a hadith: "If two authorizing agents sell, it belongs to the first." Narrated by Ibn Majah (5). Furthermore, the second agent's agency ceased upon the transfer of the principal's ownership of the commodity; thus, he became a seller of another person's property without his permission, so it is not valid, just as if the first one had taken possession, or as if one of the two guardians (wali) performed a marriage after the first one.
759 - Issue; He said: (And the sale of al-mulamasa and al-munabadha is not permissible.)
We know of no disagreement among scholars regarding the invalidity of these two sales. It has been authenticated that the Prophet (peace and blessings of God be upon him) forbade al-mulamasa and al-munabadha. It is agreed upon (1). Al-mulamasa is when he sells him something,
(5) In: The Chapter on If Two Authorizing Agents Sell, It Belongs to the First, from the Book of Trade. Sunan Ibn Majah 2/738. (1) Reported by al-Bukhari, in: The Chapter on What Is Covered of the 'Awrah, from the Book of Prayer; and in: The Chapter on the Sale of al-Mulamasa, and the Chapter on the Sale of al-Munabadha, and the Chapter on the Sale of al-Mukhadara, from the Book of Sales; and in: The Chapter on the As-Sama' Wrapper, and the Chapter on Sitting with One's Knees to One's Chest in a Single Garment, from the Book of Clothing; and in: The Chapter on Sitting However It Is Possible, from the Book of Permission Seeking. Sahih al-Bukhari 1/103, 3/91, 92, 102, 7/190, 191, 8/79. And Muslim, in: The Chapter on the Annulment of the Sale of al-Mulamasa and al-Munabadha, from the Book of Sales. Sahih Muslim 3/1151. It was also reported by Abu Dawud, in: The Chapter on the Sale of Gharar, from the Book of Sales. Sunan Abi Dawud 2/228; and al-Tirmidhi, in: The Chapter on What Has Been Reported Regarding al-Mulamasa and al-Munabadha, from the Chapters of Sales. Aridat al-Ahwadhi 6/45, 46; and al-Nasa'i, in: The Chapter on the Sale of al-Mulamasa, the Chapter on Its Interpretation, the Chapter on the Sale of al-Munabadha, and the Chapter on Its Interpretation, from the Book of Sales. al-Mujtaba 7/228-230; and Ibn Majah, in: The Chapter on What Has Been Reported Regarding the Prohibition of al-Munabadha and al-Mulamasa, from the Book of Trade. Sunan Ibn Majah 2/733; and al-Darimi, in: The Chapter on the Prohibition of al-Munabadha and al-Mulamasa, from the Book of Sales. Sunan al-Darimi 2/253; and Imam Malik, in: The Chapter on al-Mulamasa and al-Munabadha, from the Book of Sales, and in: The Chapter on What Has Been Reported Regarding Wearing Clothes, from the Book of Clothing. al-Muwatta 2/166, 917; and Imam Ahmad, in: al-Musnad 2/379, 419, 464, 476, 480, 491, 496, 521, 529, 3/6, 66, 95.
