Is it valid if an agent, with absolute (unspecified) authority to sell a slave, sells a portion of the slave for less than the implied full price?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the agency is absolute (not tied to a specific price), and the agent sells a portion of the slave for less than what would constitute the full price of the whole, the sale is invalid. This is because the division of the item causes harm to the principal, and there was no explicit or customary authorization for such a partial sale at a proportionally reduced price.
Supporting text
Abu Hanifa holds this permissible based on his view that an agent with absolute authority can sell for any price they deem fit. However, Al-Shafi'i, Abu Yusuf, and Muhammad rule it invalid because the principal's consent for the whole was not extended to the partial sale causing potential harm.