Is agency permissible in acquiring public goods (Mubahat)?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 9 · Bab 1

Open in Qurani

Primary text

Agency is permissible in securing public resources (*Mubahat*) such as reclaiming barren land (*Ihya' al-Mawat*), providing water (*Isqa' al-Ma'*), hunting, and gathering firewood (*Ihtishash*). This is because acquiring such things establishes ownership through a cause that is not exclusively incumbent upon the principal, thus permitting agency, similar to purchasing or receiving a gift.