Is a contract valid when a non-Muslim appoints a Muslim to purchase a Muslim?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

The purchase contract is invalid when a non-Muslim appoints a Muslim to purchase another Muslim. This is because ownership accrues to the principal (the non-Muslim), and the principal is not qualified to possess ownership over a Muslim. Consequently, the agent cannot lawfully complete the purchase on their behalf, similar to a situation where a Muslim agent is appointed by another to purchase intoxicants.