Regarding Sale of Non-Existent Items and Runaway Slaves

Hazrat Abu Sa'id (may Allah be pleased with him) narrates that the Messenger of Allah (peace and blessings be upon him) forbade the sale and purchase of unborn animals in the womb until they are born, likewise forbade the sale and purchase of milk in the udders until it is milked and measured, the sale of a runaway slave, and the sale of spoils of war until they have been distributed, and the purchase of things that come as zakat until they have been taken into possession, and also forbade making a deal with a diver that he will dive into the sea and whatever he finds will be given to the buyer.

Hazrat Ibn Abbas (may Allah be pleased with them) says that it is not permissible to sell wool while it is still on the animal’s body, nor milk while it is still in the udders.

Hazrat Ikrimah says: Do not sell a lost mount or a runaway slave until they are found. Because how do you know that they may not be found and your wealth may be lost.

It is narrated from Hazrat Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) forbade the sale of a non-existent thing.

Hasan narrates that a man bought a runaway slave from another, so Hazrat Sinan bin Salamah annulled this sale.

It is narrated from Hazrat Ibn Umar (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) forbade the sale of a non-existent thing.

It is narrated from Hazrat Sha'bi that the Messenger of Allah (peace be upon him) forbade the sale of a non-existent thing.

Ibrahim says that the predecessors considered the sale of a non-existent thing to be disliked.

Hazrat Ibn Sirin and Hazrat Shabi state that the sale of a non-existent item is not valid until the seller and the buyer have equal knowledge regarding the object of sale.

Hazrat Sha'bi narrates that a man came to Hazrat Shurayh and said to him that my slave has run away and a man is bargaining with me for him; should I sell him? He (Hazrat Shurayh) replied, "Yes, sell him, but when you see him, you have the option to either ratify the sale or not ratify it."

Hazrat Sha'bi says that when he knows all those things about the matter that you know, then the sale is valid and he will not have the option (to revoke).

Hazrat Sha'bi says that if a person buys a runaway slave, whether he obtains him or not, this sale is disliked and it is gharar (uncertainty).

Ibn Sirin says that I do not feel any objection in selling something that does not exist.

Hazrat Nafi' reports that Hazrat Umar (may Allah be pleased with him) had purchased a runaway camel.

Hazrat Tawus says that if a man buys an absent mount which he has seen before, and he buys it on the condition that if it is sound, it is his, then there is no harm in this sale.

Hazrat Saeed bin Musayyib narrates that people said, "If only we could witness the transaction that took place between Hazrat Abdur Rahman bin Auf and Hazrat Uthman bin Affan (may Allah be pleased with them both), so that we may know which of the two is more diligent in trade." Then Hazrat Abdur Rahman bin Auf (may Allah be pleased with him) bought some horses from Hazrat Uthman (may Allah be pleased with him) for forty thousand dirhams, with the condition that when the transaction is completed, all the horses should be alive, gathered with the herdsman, and none should be missing. So when the sale was finalized and Hazrat Abdur Rahman (may Allah be pleased with him) moved a little ahead, he said to himself, "What have you done?" Then he returned to Hazrat Uthman (may Allah be pleased with him) and said, "I will give you six thousand more if the messenger delivers them in a state of being alive." When the messenger brought them, some of them had died. In this way, Hazrat Abdur Rahman (may Allah be pleased with him) was absolved of liability according to the second condition.

Hazrat Shurayh considered the sale of a non-existent thing permissible if both parties had equal knowledge.

Hazrat Mujahid states that the Messenger of Allah (peace and blessings be upon him) forbade the sale of a non-existent item.

Hasan narrates that the Messenger of Allah (peace and blessings be upon him) forbade the sale of a non-existent thing.