Is an agent authorized to sell on behalf of the principal permitted to purchase the item from himself?
General Chapter
Al-Mughni
Book of Agency
Primary text
According to one narration attributed to Ahmad, it is not permissible for an agent authorized to sell something to purchase it from himself. This view is transmitted by Muhanna and aligns with the madhhab of Al-Shafi'i and the Ahl al-Ra'y (Hanafi jurists). A similar ruling applies to a guardian (wasi); it is not permissible for him to purchase anything from the orphan's wealth for himself, according to one narration attributed to Ahmad and Al-Shafi'i.
Supporting text
A narration from Ahmad permits the agent and guardian to purchase under two conditions: first, that they offer more than the publicized price during the auction, and second, that someone other than themselves conducts the public announcement (nida'). Al-Qadi suggests that the condition concerning the public announcement being conducted by another might be obligatory, which seems more consistent with the apparent meaning of the text. Abu Al-Khattab specified the second condition as appointing someone to conduct the sale, with the agent/guardian being one of the purchasers.