Is a contract valid if a master authorizes a slave to purchase his own freedom?
General Chapter
Al-Mughni
Book of Agency
Primary text
The contract is valid when a master authorizes a slave to purchase his own freedom, or to purchase another slave from the master. This view is held by Abu Hanifa and some Shafi'is. The permissibility stems from the fact that a slave can lawfully purchase a slave from someone other than his master, thus it is permissible to purchase from his master, analogous to a non-owner (ajnabi). Furthermore, just as a woman may be authorized to divorce herself, authorizing the purchase of oneself is valid.
Supporting text
Some Shafi'is argue that it is invalid because the possession (yad) of the slave is considered the possession of the master, making it similar to authorizing the master to purchase from himself. However, this argument is refuted because even if the slave's agency is equated to the master's agency, the master's authorization to buy and sell from oneself is valid, making the slave's case stronger.