Must an agent, authorized to buy a specified item, purchase one free of defects?
General Chapter
Al-Mughni
Book of Agency
Primary text
It is obligatory for the agent, when authorized to purchase a specified good, to buy only one that is free of defects. This is because the unqualified authorization of sale implies soundness (salama). This principle is supported by the allowance for returning goods due to defect. If the agent purchases a defective item while knowing of the defect, the principal is not bound because the agent bought something other than what was authorized. If the agent buys a defective item without knowing the defect, the sale is valid because the obligation upon the agent is apparently to buy the sound item, given their inability to avoid purchasing an unknown defective item. If the defect becomes known later, the agent possesses the right to return it, as they stand in the principal's place in the purchase. The principal also has the right to return it because ownership belongs to them. If the principal arrives before the agent returns the item and accepts the defect, the agent loses the right to return it because the right now belongs to the principal. This differs from the case of the capital manager (Mudarib), who retains the right to return even if the capital owner accepts the defect, because the Mudarib has a right that is not voided by another's acceptance.
Supporting text
If the agent wishes to return the item but the seller demands a delay until the principal arrives, claiming the principal might accept the defect, the agent is not obliged to wait. This is due to the fear of losing the right of return if the seller absconds, and the risk of losing the purchase price if the item is destroyed. If the agent delays based on this, and the principal does not approve, the right of return is not voided, especially if the ruling is that the return must be immediate, as the delay was due to the seller's permission.