Is it permissible for an agent to sell an item for less than a price stipulated by the principal?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the principal stipulates a specific price (*thaman*) for the item, the agent is prohibited from selling it for less than that stipulated price. If the principal gives a general authorization to sell without specifying a price, the agent may sell it for the usual market price or for more than the usual price. This view is held by Al-Shafi'i.

Supporting text

Abu Hanifa holds that the agent may sell the item even for dirhams (cash), indicating flexibility regarding the form of payment, though the discussion remains within the rules of agency (*wakalah*).