Is a sale valid if an agent sells property for more than the authorized price?
General Chapter
Al-Mughni
Book of Agency
Primary text
The sale is valid if an agent authorized to sell a slave for one hundred units sells it for more than that amount, whether the excess is significant or minor. This is valid because the agent sold within the scope of authorization and added an excess benefit that does not harm the principal. This remains valid whether the excess is of the same kind as the specified price or of a different kind, such as selling for one hundred dirhams and one dinar, or one hundred dirhams and a garment.
Supporting text
A potential view, attributed to one opinion among the followers of Al-Shafi'i, holds that selling for one hundred dirhams and a garment is invalid because the garment is not of the same genus as the specified currency. However, the prevailing view holds that since the excess benefits the principal without harming him, it is analogous to selling for one hundred dirhams and a dinar. Furthermore, authorization to sell for a specific price implies authorization for an increase, as one who accepts a sum generally does not object to receiving a beneficial item in addition that causes no harm.