Is the sale or purchase by an unpermitted slave valid regarding the specific property?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The sale or purchase by an unpermitted slave concerning the specific property is invalid. This is because the slave is under restraint concerning what he is restrained over, similar to a bankrupt person. Furthermore, it constitutes a disposition of another's property without permission, akin to the act of an unauthorized agent (fudooli). The main position holds this invalidity.
Supporting text
It is a secondary view that the transaction may be valid, contingent upon the master's ratification (ijazah).