Is it valid if an agent, authorized to sell a slave for a fixed price (e.g., one hundred), sells only half of the slave for that full price?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 1 · Bab 1

Open in Qurani

Primary text

The sale of half the slave for the full specified price (one hundred) is valid. This ruling applies whether the agency was specific to the price or general (absolute). This validity stems from established custom (urf), as the principal, who consented to one hundred for the whole, is presumed to consent to it for half. Furthermore, the principal achieves the intended price, and retaining the remaining half benefits the principal without harming them. The agent is permitted to sell the remaining half because they are authorized to sell the entire slave, similar to selling the whole slave for an equivalent price.