Is a contract valid if an agent purchases two slaves intended for two distinct principals (co-owners) using a single unified acceptance ('qabul')?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 4 · Bab 1

Open in Qurani

Primary text

If an agent purchases two slaves belonging to two co-owners, where the offer originates from their agent or one co-owner with the permission of the other, the transaction is valid if the purchase is executed via separate offers culminating in a single acceptance by the agent. However, if each co-owner possesses a separate, distinct slave, and the agent receives the offer from both owners by accepting both sales with a single verbal declaration ('qabiltu'), the القاضي (the Judge) rules that the contract is not binding upon the principal. This view aligns with the position of Al-Shafi'i because a single acceptance against two distinct offers constitutes two separate contracts.

Supporting text

A potential view holds that the contract should be binding because the act of purchasing (al-shira') is unified, and the underlying objective remains unchanged despite the dual ownership.