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Text and translation
English translation
1235. Ḥakīm [bin Hizām] narrated: "The Messenger of Allāh ﷺ prohibited me from selling what was not with me." (Sahih)
[Abū 'Eisā said:] Waki' reported this Hadīth from Yazīd bin Ibrāhīm, from Ibn Sīrīn, from Ayyūb, from Ḥakīm bin Hizām, and he did not mention in it: "From Yūsuf bin Māhak."
And the narration of 'Abduš-Šamad (a narrator in the chain of Hadīth no. 1235) is more correct.
Yahya bin Abī Kathīr reported this Hadīth from Ya'lā bin Ḥakīm, from Yūsuf bin Māhak, from 'Abdullāh bin 'Ismah, from Ḥakīm bin Hizām, from the Prophet ﷺ.
This Hadīth is acted upon according to most of the people of knowledge, they dislike for a man to sell what is not with him.
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Commentary
According to Imām Aḥmad's view it is related to grains only. It means that the grains which are not in possession, it is illegal to sell them. Imām Ishāq says all things that are measured and weighed and are not in possession are included in it. In the view of Imām Ash-Shāfi'ī and Muhammad, all the things which are not in possession are included in it. According to Imām Mālik it is not lawful to sell grains and fruits which are not in possession, and in the view of Imām Abū Ḥanīfah, all moveable property which is not in possession, its sale is unlawful. (See for details: Sharḥ Muslim lin-Nawawī v.2. p5)
