不允许在商品的所有权尚未完成之前出售该商品，因此在这种情况下的出售是无效的买卖。这一点在两种情形下得到证实。第一，某人在拥有该商品之前就将其卖出。第二，他在购买之后、但在完成所有权之前将其卖出，而该商品所有权的完成以接受占有为条件。这是因为买卖合同只发生在已拥有的财产之上；所以，尚未拥有的财产，或已购买但因尚未接受占有而所有权尚未完成的财产，不能在其上订立买卖合同，因为在沙里亚中不存在合同可以作用于其上的位置。先知穆罕默德ﷺ禁止出售卖方不拥有的东西。据哈基姆·本·哈兹姆（愿真主喜悦他）传述，他说：

It is not allowed to sell a good before completing its ownership so selling it in this situation is a void sale. This is verified in two situations. Firstly, that one sells the good before he owns it. Secondly, he sells it after buying it but before he completes owning it via taking possession in that whose completion of ownership is conditioned upon taking possession. This is because the sale contract only occurs upon owned property so that which is not owned yet or is purchased but its ownership is not yet completed since its possession has not yet been taken, then there cannot occur over it the sale contract because there does not exist a place for the contract to occur over it in the Shar’a. The Messenger of Allah (saw) prohibited the sale of what the seller does not own. It is narrated from Hakeem bin Hazam (ra) who said:

又,据阿穆尔·本·舒艾卜传述,他从其父、其祖父那里传述说：安拉的使者ﷺ说：

And from Amru bin Shuaib from his father from his grandfather who said: The Messenger of Allah (saw) said:

先知（愿主福安之）所说的“你所没有的”这一表述是普遍的，包括你无法完全拥有之物的交付能力。圣训中禁止出售那些所有权须经占有才能完成的物品，这进一步印证了这一点。由此可见，凡购买需要占有才能完成购买的物品，在占有之前不得出售。因此，其规定与出售自己并不拥有之物的规定相同，依据的是先知（愿主福安之）的这句话：

The expression of the Messenger (saw) of “what you do not have” is general including your ability to deliver what you don’t completely own. This is strengthened by the ahadith which came with a prohibition of selling that which is not possessed in that whose completion of ownership is conditioned upon taking possession. This indicates that whoever buys that which requires taking possession until his purchase is completed is not permitted to sell until he takes its possession. So its rule became the rule of selling that which he does not own due to the Prophet (saw)’s statement:

由于艾卜·达五德所传述的圣训

And due to what Abu Dawud narrated

由于伊本·马哲所传述的那段圣训,

And due to what ibn Majah narrated

由于所传述的

And due to what was narrate

这些圣训明确禁止出售尚未接收占有的货物，因为卖方尚未完成对该物的所有权。这是因为，凡是需要接收占有的物品，其所有权只有在买方占有之后才算完成；此外，该物仍处于卖方的担保责任之下。

These ahadith are explicit in prohibiting that which they have not taken possession of since the seller has not completed his ownership over it. This is because that which requires taking possession of, then its ownership is not completed until the buyer possesses it and also because it is in the guarantee of its seller.

因此,这里说明:销售有效的一个条件是卖方拥有该物品并且已经完成了对它的占有。然而,如果他不拥有该物品,或者他拥有但尚未完成其所有权,那么绝对不允许出售。这包括他所拥有但尚未接收(占有)的东西,而接收是完成买卖的条件的,即那些需要称量、过秤或计数的物品。至于那些接收并非完成所有权的条件的物品,即除称量、过秤或计数之外的物品,例如牲畜、房屋、土地及类似之物,则允许卖方在接收之前出售。这是因为,仅仅通过要约与承诺达成买卖合同即可完成交易,无论他是否接收该物品,因此他是在其所有权已经确立的情况下出售的。买卖无效的问题与是否接收无关,而是与买卖标的的所有权以及所有权的完成有关。至于允许出售未接收之物(除称量或计数之物外),这是由圣训(sahih hadith)所确立的。布哈里圣训集录述,伊本·欧麦尔(愿真主喜悦他们)曾骑着一匹难以驯服的骆驼,那骆驼属于欧麦尔。

Hence it is clarified that it is a condition of the validity of sale that the seller owns the good and has completed his possession therein. If however he does not own it or he owns it but has not completed his own ownership therein then it is absolutely not allowed to sell it. This includes what he owns but has not taken possession in what taking possession is a condition to complete the sale which is what is measured, weighed and counted. As for those for which taking possession is not a condition of completing ownership which is other than that which is measured, weighed or counted such as the animal, house and land and what is similar then it is permitted for the seller to sell it before taking possession. This is because the mere occurrence of the sale contract by offer and acceptance completes the sale whether he takes possession of it or not, so he would have sold that which his ownership over it is accomplished. The issue of the sale being void is not related to taking possession or not; rather it is related to the ownership of the sale and the completion of ownership therein. As for permitting the sale of something that has not been possessed in other than what is weighed or counted, this is established by the sahih hadith. And Al-Bukhari narrated from ibn Umar (ra) that he was riding troublesome camel which belonged to Umar

这里所说的"处置"，是指在出售之物尚未接收占有之前，以赠与等方式进行处置，这表明被售之物在接收占有之前所有权已经完成。这说明出售该物是被允许的，因为卖方对其所有权已经完成。因此，卖方所拥有且所有权已完成的物品，他出售是被允许的；而所有权未完成的物品，则不允许出售。 由此可见，某些小商贩的做法是不被允许的：他们与买家议价，谈妥价格后便将货卖给对方，随后再去另一家商店为买家购买该货物，然后交付给买家。这属于出售不属于自己的物品。当买家询问该货物时，商贩手中并没有，也不拥有它，只是知道市场上其他人那里有这种货物。于是他欺骗买家说货物就在身边并将其卖给对方，然后才去购买。这是haram（禁止的），不被允许，因为这是出售不属于自己的物品。 同样，蔬菜和粮食市场中店主的做法也是如此：他们在所有权尚未完成时就出售蔬菜和小麦。一些商贩从农民那里购买蔬菜或小麦，在尚未接收占有之前就将其卖出。这是不被允许的，因为这类食品只有在接收占有之后所有权才算完成。 与此类似的还有外国进口商的做法。他们中的一些人出售货物，并将在本国交货作为条件，然后在货物到达之前，即在他们对其所有权尚未完成之时就将其转售。这种买卖是被禁止的，因为这是在所有权完成之前的出售。

This is disposal in the sale by gift before taking possession of it which indicates the completion of ownership in the sold good before taking possession of it. It indicates the permissibility of selling it because the seller’s ownership therein has been completed. Accordingly whatever the seller owns and his ownership is completed over it then it is permitted for him to sell it. And whatever (good) whose ownership is not completed is not permitted to be sold. Hence what is done by small traders of bargaining with the buyers of the good then agreeing with him over the price and selling it to him, then going to another trader to buy it for the one whom he sold it to and then presenting it and delivering it to the buyer is not permitted because it is selling that which is not owned. When the trader is asked about the good, it is not before him nor does he own it but he knows it exists in the market with others. So he lies and tells the buyer that it is present and sells it to him, then he goes to buy it after selling it. This is haram and not permitted as it is selling that which is not owned. Similarly what is done by the owners of shops in the vegetable and grain market when they sell vegetables and wheat before their ownership therein is completed. Some traders buy vegetables or wheat from farmers and sell it before they have taken possession of it. This is not permitted as it is from the foodstuff wherein ownership is not completed except by taking possession of it. Similar is what importers from other countries do. Some of them sell the goods and make the delivery in the country a condition therein, then sell them before they arrive i.e. before their ownership over them is completed. This sale is forbidden as it is selling before the ownership over it is completed