Which sale is valid when two agents appointed by the owner sell the same item to two different buyers?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

The sale executed by the first appointed agent is the valid one. This opinion is narrated from Sharih, Ibn Sirin, Al-Shafi'i, and Ibn al-Mundhir. The evidence cited is a narration stating, "When the two authorizing parties sell, it belongs to the first." This hadith is recorded by Ibn Majah. Furthermore, the agency of the second agent becomes void upon the transfer of ownership of the item from the principal. Thus, the second agent sold property belonging to another without permission, rendering the sale invalid, similar to the case where the first agent had already taken possession, or if one of the guardians solemnized a marriage after the first.

Supporting text

It is narrated that Rabi'ah and Malik held that the sale belongs to the one who first took possession (Qabd) of the item.