or the buyer. If he takes its value from the buyer, the buyer may seek recourse from the agent for the price; and if he seeks recourse from the agent for its value, the agent may seek recourse from the buyer for it and return the price to him, because the destruction occurred while in his possession. As for what people usually overlook in terms of value, he is not prohibited from it, because it is impossible to guard against it. As for buying for more than the market price with the specific capital, it is like the sale. If he buys on credit, it is binding upon the agent, not the owner of the capital, unless he approves it, in which case it becomes his. This is the apparent meaning of al-Khiraqi's words. The Qadi said: If he makes the purchase general without mentioning the owner of the capital, it is the same; but if he explicitly stated to the seller, "I purchased it for so-and-so," the sale is also void.

Section: Does he have the right to sell and buy with a currency other than that of the city? There are two narrations: The first is that it is permissible if he deems it to be in the interest [of the capital] and that profit will result from it, just as it is permissible to sell goods for goods and buy with them. If we say he does not possess this right, yet he does it, its ruling is the ruling as if he bought or sold for other than the market price. If he said to him, "Act according to your opinion," he may do so. Does he have the right to engage in cultivation? It is possible that he does not have that right, because the term Mudaraba, when used generally, does not encompass farming (muzara'a). It has been narrated from Ahmad, may Allah have mercy on him, regarding someone who gave a man one thousand [dirhams] and said, "Trade with it as you wish." He then planted a crop and profited from it, that the Mudaraba is valid and the profit is shared between them. The Qadi said: The apparent meaning of this is that his statement "Trade with it as you wish" includes farming, because it is one of the avenues through which growth is sought. Based on this, if the entire capital were to be lost in the farming venture, he is not required to guarantee it.

Section: He has the right to purchase defective goods if he sees an interest in doing so, because the objective is profit, and profit may exist in defective goods. If he buys it thinking it is sound, but it turns out to be defective, he may do as he sees fit in the interest of the capital, such as returning it due to the defect or keeping it and taking the compensation (arsh) for the defect. If the agent and the owner of the capital disagree regarding the return, with one of them requesting it and the other refusing, he should do what is prudent and beneficial, because