Is it permissible for an agent to purchase a defective item when authorized to purchase generally?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 4 · Bab 1

Open in Qurani

Primary text

The ruling that the agent must buy a sound item is the position of Al-Shafi'i. Abu Hanifa permits the agent to purchase a defective item because general authorization for a sale implicitly includes defective items, and the agent is a trustee in purchasing, similar to the capital manager (Mudarib). The primary evidence against this view is that the unqualified sale implies soundness, not defectiveness, and thus the agency in sale follows this implication. Furthermore, the purpose of capital management is profit, which can be achieved even with a defective item, whereas the purpose of agency in purchase is typically acquisition for use or satisfying a need, and a defect may impede both acquisition and utility, thus failing the purpose of the mandate.

Supporting text

Abu Hanifa contradicts his own principle because regarding the expiation for Zihar, "Fattariru Raqabatin" (Quran 58:3), he rules that purchasing a blind or severely defective slave who cannot work is invalid. Yet, he maintains here that the agent may purchase a blind person, a paralyzed person, or one missing hands or feet.