The agent is liable for the deficiency, and there are two views regarding its extent: the first is the difference between the price of a like-kind and what he sold it for. The second is the difference between what people usually overlook and what they do not overlook, because if it is within the range people usually overlook, the sale is valid and he is not liable. The first is more analogous (aqyas), because the agent was not permitted to conduct this sale, so it resembles the sale by a stranger. If he had given him permission to sell, he would not have been liable, thus it would resemble a purchase. Any act in which the agent acted contrary to his principal's instruction, the ruling is the same as the act of a stranger, as we shall mention in its proper place, if Allah wills. As for what people usually overlook, it is pardoned if the principal had not stipulated a specific price, because what people overlook is considered the price of a like-kind and it is impossible to avoid. If someone had been present who would offer more than the price of a like-kind, it is not permissible for him to sell at the price of a like-kind, because he is obligated to exercise caution and seek the benefit for his principal. If he sells at the price of a like-kind, and then someone appears who offers more during the option period, it is not obligatory for him to annul the contract, according to the correct view; because the increase is forbidden and prohibited, so it is not binding to return to it, and because the one offering more might not follow through on the increase, thus annulment is not required due to doubt. It is possible that it might be required, because it is an increase in the price that could be attained, so it resembles the case where he brings it before the sale, and the prohibition is directed toward the one who increased, not the agent, so it resembles one who receives an increase before the sale and after the agreement upon it.

Section: Whoever is appointed as an agent to sell a slave for one hundred, and sells it for more than that, it is valid, whether the increase is large or small; because he sold it for what was permitted and added an increase that benefits the principal and does not harm him. This applies whether the increase is of the same genus as the price ordered or a different genus, such as if he grants permission to sell for one hundred dirhams, and he sells it for one hundred dirhams and a dinar or a garment. The companions of Al-Shafi'i said: It is not valid to sell it for one hundred and a garment, in