Is it permissible for an agent (Wakil) to buy from himself when explicitly permitted by the principal (Muwakkil)?
General Chapter
Al-Mughni
Book of Agency
Primary text
It is permissible for the agent to buy from himself when the principal has given explicit permission. This is analogous to permitting a woman to divorce herself. The prohibition arises from the potential conflict of interest (the buyer seeking cheapness for himself while seeking the best price for the principal), but explicit permission overrides the general implication of suspicion, as the principal's explicit textual permission cannot be contradicted by the implication of the situation. If the principal's money is specified for the purchase, the goal of seeking the absolute best price is removed. If the price is not specified, the sale is restricted to the market price (mithl), similar to a transaction with a non-agent.
Supporting text
The Shafi'i school, in one established opinion, holds that it is not permissible because the agent simultaneously holds two contradictory intentions: seeking personal benefit (cheapness) and seeking the principal's interest (thoroughness). Furthermore, some scholars within our own school suggest that if an agent is authorized to purchase himself from his master, it is impermissible, implying a similar ruling here.