What is the ruling when an agent purchases something other than what the principal explicitly instructed, using the principal's specific designated funds?
General Chapter
Al-Mughni
Book of Agency
Primary text
If an agent, instructed to buy a specific item, buys a different one using the principal's exact designated funds (as in, 'Sell me the female slave for these dinars'), the correct position in the Madhhab, aligning with the Shafi'is, is that the sale is void. This is because the transaction involves property over which the principal did not grant authority for the contract to be made.
Supporting text
Another opinion suggests the sale is valid, conditional upon the owner's ratification. If ratified, it is confirmed; if not, it is void, citing the Hadith of Urwah ibn al-Jad' regarding the Prophet's approval and prayer for him after selling something without prior authorization. This second view equates the situation to a bequest exceeding one-third, requiring post-facto approval. However, the primary view emphasizes that contracting over property without permission renders the act invalid, similar to selling the property of a minor who later ratifies upon maturity, and relies on the Hadith prohibiting selling what one does not possess.