Is a sale executed for immediate cash valid if the agent was authorized only for a deferred sale without the specified deferred price?
General Chapter
Al-Mughni
Book of Agency
Primary text
The sale is not executed if an agent authorized to sell an item on deferred credit sells it for immediate cash at a price different from the agreed deferred price, or at a price other than the one specified by the principal. This invalidity occurs because the agent's action contradicts the principal's mandate, as the principal consented to the deferred price, not the immediate cash price.
Supporting text
If the agent sells for immediate cash at the equivalent value of the deferred price, or sells for the immediate cash equivalent of the price specified for the deferred sale, the sale is valid according to the opinion of the Qadi. This is because the agent brought a benefit to the principal, which is customarily assumed to be permitted, similar to when an agent authorized to sell for ten sells for more than ten.