The sale of a fuduli (an unauthorised seller)

Question

Question: Bakr has a bookshop. Khalid is a boy close to puberty (murahiq) whom Bakr regards as trustworthy; Bakr seated him (in the shop) and went off on some errand. Zayd came into the bookshop as a customer, and in Bakr’s absence Khalid gave him some books at an extremely low price, saying, “These are my books.” Zayd gave the price to Khalid and left. Now Bakr is present but Khalid is not.

Answer

Bakr did not appoint Khalid as his agent (wakil) for selling his books, so this sale is the sale of a fuduli (one who deals in another’s property without authority), which is suspended on Bakr’s permission. Let (Zayd) deal with Bakr directly.

Source: Fatawa Mahmudiyya

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