Does an agent have the authority to sell or buy only a portion of a singular item subject to the agency agreement?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 1 · Bab 1

Open in Qurani

Primary text

The agent does not possess the authority to conclude a contract for only a part of a singular item, such as a slave, an animal, or real estate, whether for selling or buying. This is because the authorization (tawkeel) covered the entirety of the object, and partial execution constitutes harm (idrar) to the principal by fragmenting their ownership, which was not permitted.