What is the ruling when an agent purchases an item against instructions, but does so using their own liability (in their debt obligation, not specific funds)?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the agent purchases an item against instructions but does so on the basis of their own debt obligation (in their personal capacity), the initial sale is valid. This is because the agent did not transact using another person's specific property. One view holds that the purchase is binding on the agent alone, as they purchased without the permission of another party. A second, more established view is that the purchase is suspended pending ratification by the principal. If ratified, the principal is bound, similar to a purchase made with permission. If not ratified, the agent is bound because the transaction originated from them and was not established for another party.
Supporting text
The Shafi'is hold, in one view, that such a purchase is invalid because the contract was made on the understanding that it would belong to the principal, yet the principal did not authorize that specific contract, rendering it void, similar to a purchase using another's specific funds. The established view, however, is that this principle applies to every instance where someone purchases something on their debt obligation for another without permission, whether they are the intended agent or not.