Validity of purchasing with the agent's liability when the principal instructs the purchase on the agent's liability using the provided coins for payment?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the principal instructs the agent to purchase on the agent's liability (*dhimma*) and then use the provided dirhams as payment, the resulting purchase binds the principal according to our companions (the Hanafi scholars). This is because the principal authorized a contract that binds the agent to the price whether the specified dirhams remain available or are destroyed. This is interpreted as authorization for a slave purchase where the liability for the price is established regardless of the coins' existence.

Supporting text

It is possible that this transaction is invalid because the principal may have a specific interest in purchasing using something other than the specific coins—perhaps the coins possess a dubious origin (*shubha*) the principal dislikes using for purchase, or the principal prefers a contractual form that does not become void upon the perishing or prohibition of those specific coins. Since this is a valid objective, it should not be violated, similar to the ruling in the first scenario.