is then invalid. So, if the camel later appears and he sells it without a new appointment, the sale is not valid, because the original agency was invalid: the principal does not have the right to sell the runaway camel until it appears. But if he makes the agency conditional upon its appearance, saying, “Whenever it appears, you are my agent to sell it,” then the agency is valid, because an agency may validly be made conditional.
A second example: if he appoints him to sell wine—having a small vessel of wine and saying to him, “Sell it”—then the sale of wine is invalid. But if the wine turns into vinegar on its own, it becomes lawful. After it has turned into vinegar on its own, may the agent sell it?
The answer is: No, because the original agency was invalid, so he may not sell it thereafter.
A third example: he appoints him to sell an unknown item, saying, “I appoint you to sell the goods in my house,” while they are unknown—even to the principal himself. If the agent goes and sells them before knowing what they are, then the agency is invalid and the sale is invalid. But if he goes and sees them, this will, Allah willing, be discussed when the author addresses the case of appointing someone concerning an unknown item.
The second issue: “Or if he appoints him concerning everything, small and great.” This too is invalid if he appoints him concerning everything, small and great, such that it includes all classes, all types, and all individual items. This is not valid. He says, “Go to the market, and you are my agent in everything, whether small or great.” Then he finds cars and purchases the cars for him; he finds camels and purchases them; he finds cattle and purchases them; he finds donkeys and purchases them; or he divorces his four wives or frees all his slaves. This is not valid, because it entails immense harm, and it involves