perform what he commanded him to do; for it was not reported that the individuals appointed by the Prophet (peace and blessings of Allah be upon him) did anything other than comply with his order. And because it is permission to act, acceptance by action is permissible, just like the consumption of food. Acceptance is permissible immediately or after a delay, such as if word reaches him that a man appointed him to sell something a year ago, and he sells it, or he says: "I accepted," or he commands him to do something, and he does it after a long period of time; for the acceptance of the agents of the Prophet (peace and blessings of Allah be upon him) of their agency was by their actions, and it was delayed from his appointing them. And because it is permission to act, and the permission remains as long as he does not revoke it, so it resembles permissibility (ibaha). All of this is the school of al-Shafi'i.

Section: It is permissible to suspend it upon a condition, such as his saying: "If the pilgrims arrive, sell this food." "If winter comes, buy coal for us." "If the day of sacrifice (Adha) comes, buy us a sacrificial animal." "If my family asks you for something, give it to them." "If Ramadan enters, I have appointed you for such and such (22)," or "you are my agent." Abu Hanifa held this view. Al-Shafi'i said: It is not valid, but if he acts, his action is valid due to the existence of permission. And if he were an agent for a fee, the specified amount is void, and he is entitled to the fair wage (ajr al-mithl), because it is a contract through which he gains ownership of acting during [the principal's] lifetime, so it resembles a sale. Our evidence is that the Prophet (peace and blessings of Allah be upon him) said: "Your leader is Zayd, if he is killed, then Ja'far, if he is killed, then Abdullah ibn Rawahah (23)." This is in the same meaning. And because it is a contract whose ruling was considered regarding the agent (24)—which is the permissibility of acting and its validity—so it is valid, just as if he said: "You are my agent in selling my slave if the pilgrims arrive." And because if he said: "I have appointed you in buying such and such at such and such time," it is valid without disagreement, and the point of contention is in its meaning. And because it is permission to act, it resembles a bequest (wasiyya) and the appointment of an amir. And because it is a contract that is valid without a fee, and its performer is not restricted to being among those of piety, so it is valid with a fee, just like immediate agency.

Section: It is permissible to appoint an agent with a fee and without (25) a fee; for the Prophet (peace and blessings of Allah be upon him) appointed Unays to carry out