Is a purchase valid if the principal granted unrestricted permission (*atlaqa al-idhn*)?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 3 · Bab 1

Open in Qurani

Primary text

According to Abu al-Khattab, the purchase is valid when permission is general because whoever the principal himself can validly purchase, the authorized agent can also validly purchase, similar to a stranger. This view aligns with the opinion of Abu Hanifa when the principal permits trade without providing capital.

Supporting text

Al-Qadi holds that the purchase is invalid because it constitutes a destruction of property (*itlaaf*) against the principal, as the permission only extends to matters involving benefit, not destruction. He differentiates this from a Mudarabah agent because the latter guarantees the value, thereby removing the potential harm.