Section: It is permissible to hire a broker to purchase garments for him. Ibn Sirin, Ata', and al-Nakha'i granted a concession for this, while al-Thawri and Hammad disliked it. Our argument is that it is a permissible benefit for which deputization is allowed, so hiring for it is permissible, just like for construction. It is permissible for a known duration, such as hiring him for ten days to purchase [garments] for him, because the duration is known and the work is known; it is analogous to a tailor or a fuller. If he specifies the work without the time, and designates for him a known amount for every thousand dirhams, that is also valid. If he says: "For every garment you purchase, you shall have a dirham as a fee," and the garments were known by description or estimated by price, it is permissible. If it is not so, the apparent view of Ahmad's statement is that it is not permissible, because garments differ in their prices and the fee differs according to their difference; therefore, if he purchases them, he is entitled to a fair wage (ajr al-mithl). This is the opinion of Abu Thawr and Ibn al-Mundhir, because he performed work for a compensation that was not delivered to him, so he is entitled to the fair wage, as in all invalid rental contracts.

Section: If he hires him to sell specific garments for him, it is valid. This is the opinion of al-Shafi'i. Abu Hanifah said: It is not valid, because that is impossible for him, so it is analogous to the stud fee of a stallion or carrying a large rock. Our argument is that it is a permissible work for which deputization is allowed, and it is known, so hiring for it is permissible like purchasing garments. Furthermore, it is permissible to contract a rental for it estimated by time, so it is permissible estimated by work, like sewing. Their statement that it is impossible is incorrect; for garments are never devoid of someone who desires them, and that is why mudarabah (profit-sharing) is valid, which only occurs through buying and selling, unlike what they analogized it to, for that is indeed impossible. If he hires him to purchase specific garments, it is possible that it is not valid, because that can only be from one person, and he may not sell, so the realization of the work becomes impossible according to the apparent, unlike selling.