Is a sale valid if the agent sells for an entirely different form of currency or a mix of currency and non-currency items?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the agent sells for one hundred dinars instead of dirhams, or for ninety dirhams and ten dinars, or if the entire price consists of a garment or eighty dirhams and twenty garments, the sale is invalid. This ruling is stated by Al-Qadi. This aligns with the school of Al-Shafi'i because the agent contravened the principal regarding the nature (genus) of the price, similar to selling for a garment valued above the specified price.

Supporting text

There is a possibility that the sale is valid if the agent substitutes dirhams for dinars, or part of the dirhams for dinars, as this substitution is customarily permissible. Customarily, one who accepts a dirham accepts a dinar in its place, making it equivalent to selling for one hundred dirhams and a dinar. However, selling primarily for garments is invalid because garments are not of the genus of currency.