Is it permissible for an agent to purchase wine or pigs?
General Chapter
Al-Mughni
Book of Partnership
Primary text
It is not permitted for an agent to purchase wine or pigs, regardless of whether the agent and the principal are Muslim or one is a Dhimmi. If such a purchase is made, the agent bears the liability for the loss. This is the position held by Al-Shafi'i. The prohibition stems from the fact that wine is forbidden, making its purchase invalid, analogous to purchasing carrion or blood. Furthermore, what cannot be legally sold cannot be legally purchased.
Supporting text
Abu Hanifa holds that if the agent is a Dhimmi, the purchase and sale of wine are valid because ownership transfers to the agent, and the rights of the contract relate to him. Abu Yusuf and Muhammad hold that the purchase is valid as ownership transfers to the agent, but the sale is invalid because the agent sells what is not owned by him or his principal.