Validity of an agent selling one of two purchased sheep without the principal's explicit authorization, when the principal only authorized purchase?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the agent sells one of the two sheep without the principal's permission, there are two views. One view states the sale is void because the agent sold the principal's property without authorization, similar to selling both sheep. The second view permits the sale if the remaining sheep is worth the authorized price (one dinar). This permission is supported by the Hadith of 'Urwah ibn al-Jald, as the principal's objective was met, and if the excess had been in a form other than a sheep, the sale would have been permissible. The apparent position of Ahmad favors the validity of the sale, as he adhered to the evidence of 'Urwah's narration.
Supporting text
If the sale of the sheep is deemed impermissible, there are two narrations concerning whether the sale is void or valid contingent upon the principal's ratification. This forms the basis for the general legal discussion regarding whether any unauthorized disposition of another's property by an agent who deviates from the principal's instructions results in a void act or an act subject to the owner's ratification. Furthermore, there are two distinct views within the Shafi'i school regarding the validity of this sale.