Does the emancipation or sale of one's slave revoke an agency previously granted to that slave?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 2 · Bab 1

Open in Qurani

Primary text

The agency granted to one's own slave does not cease upon the slave's emancipation or sale. This is because the master authorized the slave to manage his property, and emancipation does not invalidate that prior authorization. Similarly, if the slave is sold, the agency continues, provided the new purchaser consents to its continuation. If the buyer does not consent to the agency remaining in effect, the agency is revoked.

Supporting text

It is considered that the agency might be revoked because granting agency to one's slave is not a true agency but rather utilizing a right derived from ownership. Thus, it ceases when ownership is removed. If the slave is sold, the slave comes under the ownership of someone who did not authorize the agency, and the establishment of another's ownership prevents the continuation of the agency initiated without their permission.