great uncertainty. This is the reason. Thus, we say that the agency is invalid, and the agent has no right to act.
However, if he specifies a type and says, for example, “Buy rice for me, whether little or much, even if you bring me everything in the market,” then the risk is slight. The sound view is that this is permissible, because the principal wishes to purchase everything in the market in order to distribute it among the poor at a time of need.
The third issue: “Or [if he appoints him to] purchase whatever he wishes.” He says, “Buy whatever you wish; you are my agent.” This is not valid, because he might bring him a pen worth five riyals and say, “You appointed me and said, ‘Buy whatever you wish,’ so I bought you a pen for five riyals,” whereas this man is someone who collects pens worth two hundred riyals. Or he may go and buy him a car worth one million riyals. This involves risk and is not valid.
But if he specifies the type and says, for example, “I appoint you to buy a sheep for a feast,” this includes one that is small or large, fat or lean. The risk involved is slight and is overlooked, because this is customary. However, if he says, “Buy whatever you wish,” without specifying a type, then the risk is immense and the agency is invalid.
The fourth issue: “Or [if he appoints him to purchase] a specified item at whatever price he wishes, without specifying [the price], it is invalid.” The author’s statement is open to question.
For example, he says, “Buy for me such-and-such a watch, model such-and-such, with such-and-such specifications.” The agent asks, “For how much?” He replies, “Whatever you wish.” He says that this is invalid, because it may be worth no more than ten, yet he may say to the seller, “I bought it for fifty.”