Is the purchase made by a non-Muslim agent on behalf of a Muslim principal valid if the item purchased is forbidden to Muslims, such as wine or pork?
General Chapter
Al-Mughni
Book of Agency
Primary text
If a Muslim appoints a non-Muslim agent to purchase an item forbidden to Muslims, such as wine or pork, the purchase is invalid. The reasoning is that anything upon which a Muslim is forbidden to contract is not permissible to authorize another to contract concerning it, similar to the prohibition on authorizing marriage to a Magian woman. The ruling regarding other items they may possess does not apply here.
Supporting text
Abu Hanifa maintains that the purchase is valid and is legally vested in the non-Muslim agent. This is because wine is considered property by them, as they value and trade it, thus validating the authorization concerning it, just like their other possessions.