Is the sale of unowned or unpossessed public resources (Mubahat) permissible?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The sale of things not yet possessed or owned, such as public resources (Mubahat) before they are taken into possession and ownership, is not permissible. There is no known disagreement on this ruling.