Is a contract valid when a Muslim appoints a non-Muslim to purchase a Muslim?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
There are two legal opinions regarding the validity when a Muslim appoints a non-Muslim agent to purchase a Muslim. The first opinion holds that the transaction is valid because the primary prohibition stems from the non-Muslim acquiring ownership over a Muslim, and here ownership vests in the Muslim principal, thus negating the impediment. This view asserts that the prohibition is not absolute regarding the agency itself.
Supporting text
The second opinion states that the transaction is invalid. This is based on the principle that whatever is prohibited from being purchased is also prohibited from being the subject of an agency contract for purchase. This is analogous to prohibiting an individual in the state of Ihram from purchasing game, or prohibiting a non-Muslim from contracting marriage with a Muslim woman, and prohibiting a Muslim from acting as an agent for a non-Muslim to purchase intoxicants.