Is a contract valid if someone is hired to sell specific, designated garments?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The contract is valid. This opinion is held by Al-Shafi'i. The evidence supporting this ruling is that this action (selling) is a permissible act wherein representation is valid. Furthermore, the action is specific and known, making it permissible to contract for payment, similar to contracting for the purchase of garments. Additionally, because it is permissible to contract for hire based on a duration of time, it is permissible to contract based on an action, analogous to tailoring.
Supporting text
Abu Hanifa holds that the contract is invalid because it is considered impossible for the hired agent to accomplish, akin to the service of a stud horse or carrying a large stone. The counter-argument to the impossibility claim is that garments are never without a potential buyer, which is why profit-sharing partnerships (Mudarabah), which depend on buying and selling, are valid. The comparison made by the opposing view is dismissed as involving truly impossible acts.