A purchasing agent disposing of the principal’s money

Question

Question: If someone told a man to buy something and gave him the money from his own pocket, is it permissible for the agent (wakil), out of need, to use that money for himself and then buy the item with his own money and give it to the principal (muwakkil)? And after the purchase, while the agent was bringing the item to the principal, someone on the way said to the agent: “Give this item to me, and you buy another from the market and give it to the principal.” Is this permissible for the agent or not?

Answer

An agent is a trustee (amin), and this kind of disposal of what is held in trust (amana) is impermissible. If he has disposed of it in this way, he becomes liable (damin) and is no longer a trustee. Selling the item bought with the principal’s money to someone else is not proper: this is a sale by a fuduli (one who disposes of another’s property without authority)

Source: Fatawa Mahmudiyya

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