What is the extent of the authority granted to a slave permitted by his master to trade (al-ma'dhun lahu)?
General Chapter
Al-Mughni
Book of Partnership
Primary text
It is permissible for a master to grant permission for his slave to engage in trade without known dispute, as the restriction (hajr) was only for the master's right, making transactions permissible by the master's leave. The restriction is lifted only to the extent of what he was authorized to do, similar to an agent (wakil). If the master provides him with capital, the slave may buy, sell, and trade with it. If the slave is authorized to buy on credit (in his liability), it is permissible. If a specific type of asset is designated for trade, the slave must trade only in that type. The authority is restricted to the sphere of permission granted, like an agent or one engaged in profit-sharing (mudharib).
Supporting text
Abu Hanifah held that the slave may trade in other goods and the restriction is lifted entirely, analogizing it to the puberty of a boy, where the release from restriction is absolute and not partial. This view is refuted by noting that trading permission is derived from the master's specific permission, unlike puberty which removes the cause of the restriction entirely by indicating maturity of intellect. The cause for restriction here remains servitude (ruq).