Narrated by Ibn Majah and al-Tirmidhi (2), who said: 'A hasan sahih hadith.' He means that which you do not possess, because he mentioned it as an answer to him when he asked him about selling an item, then going out to purchase it and delivering it (3). [This is also supported] by our agreement on the validity of selling his absent property, and because he sold what he is unable to deliver, thus it resembles a bird in the air. In a will, the acceptance is delayed after the offer, and it is not required that there be someone to authorize it at the time the contract occurs; furthermore, it permits types of uncertainty (gharar) that are not permissible in a sale. As for the hadith of Urwa, we interpret it to mean that his agency was unrestricted, as evidenced by the fact that he received and delivered [the items], and this is not done by anyone other than the owner according to our consensus.

Section: It is not permissible for him to sell an object he does not own, so that he may go and purchase it then deliver it; this is a single narration [in our school]. This is the opinion of al-Shafi'i, and we know of no opponent regarding it, because Hakim ibn Hizam said to the Prophet (peace and blessings of God be upon him): 'A man comes to me and asks to buy what is with me, so I go to the market, purchase it, and then sell it to him.' The Prophet (peace and blessings of God be upon him) said: 'Do not sell what you do not possess.'

Section: If he sells a commodity while its owner is present and silent, its ruling is the same as if he sold it without his knowledge, according to the opinion of most scholars, including: Abu Hanifa, Abu Thawr (3), al-Shafi'i, and Abu Yusuf (4). Ibn Abi Layla said: His silence is an admission, because it is evidence of consent, so it resembles the silence of a virgin in granting permission for her marriage. We argue that silence is ambiguous; 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.