I f a .perion appoint another his agent for the purchafe of ten
ra th * of flefh for one dirm, and the agent purchafe twenty rails, for
one dirm, of that kind of flefh which is fold at the rate of ten rath
for one dirm; in that cale (according to Haneefa) it is incumbent on
the conftituent to take only ten rath for h a lf a dirm. The two
difciples maintain that it is incumbent on him to take the twenty rath
for one dirm. In fome copies of Kadooree it is written that Mohammed
coincides in opinion with Haneefa, and that his doctrine in the Mab-
joot is not incompatible with it, he having only obferved there, that
“ the conftituent ought to take ten rath for a half dirm.”— T h e argument
of Aboo Toofaf 'is that the conftituent ordered the'agent to expend
his dirm in the purchafe of flefh, under a conception of the price
being at th e ,rate of ten rath per dirm: when, therefore, the agent
purchafed twenty ratls for the dirm, as he appears to purchafe them
on account of his conftituent, he is confequently entitled to take the
whole.; in the fame manner as where a perfon empowers another to
fell his Have fora thoufand dirms, and the agent obtains two thoufand;
in which cafe the conftituent is entitled to the whole of the fum fo
obtained.-— T h e argument of Haneefa is that the conftituent having
exprelsly enjoined the purchafe of ten rath, it follows that the excels
muft be confidered as having been purchafed by the agent on account
of himfelf,—-.and for which he muft accordingly pay the p r i c e c o n trary
to where an agent, being.empowered to fell a Have for a thou-
fend dirms, obtains -two.thoufand for him; becaufe, in this cafe, the
excefs being in exchange for the-property of the conftituent, is confequently
his right.— If, however, the agent were to purchafe for one
dirm .twenty rath .of flelh of that kind which is. fold at the rate of
twenty rath per dirm, the purchafe .(in the opinion of all our doctors)
:is made by the agent for himfelf; becaufe the object of the conflict
uent was evidently fa t meat, and that objeft has not been here
^obtained.
Cafe o f an
agent pur-
chafing, at
the rate o f his
inftruction, a
larger quantity
of an article
than was
fpecified in
the inftruction.
* A rati is about one pound, Troy weight.
I f
If a perfon appoint another his agent to purchafe for him fome
fpecific article,, in that cafe the agent is hot entitled to purchafe the
article for himfelf-, becaufe this is a breach of the truft repofed in
him by his conftituent; and alfo, becaufe it is a difmiflion of himfelf
from his appointment, which he is not (in the opinion of fome) empowered
to do, unlefs in the prefence of his conftituent.— If, however,
the conftituent Ihould have fpecified the price of the article,
and the agent purchafe it for a price of a different fpecies from
that mentioned by the conftituent; or if, the conftituent not having
fpecified the price, the agent purchafe the article, not for dirms,
but for fomething eftimable by weight or meafurement of capacity;
or, laftly, if the agent appoint another agent, and that fecondary
agent purchafe the article in the abfence of the primary agent; in
all thefe cafes the purchafe is held to have been made on behalf of the
agent himfelf, and not of his conftituent, becaufe of the deviation
from his conftituent’s orders.— If, on the other hand, the fecondary
agent conclude the bargain in the prefence of the primary agent, the
purchafe is in that cafe confidered as made-for the conftituent, becaufe
the wifdom and judgment of the primary agent is held (in confequence
of his prefence) to have been exerted; and hence there is no deviation
from the orders of his conftituent.
If a perfon appoint another to purchafe for him an indefinite Have,
and the agent accordingly purchafe a flave; in that cafe the Have belongs
to the agent himfelf*, unfefs he declare “ I intended the pur-
“ chafe for my conftituent,”— or unlefs he make the purchafe with
the conftituent’s property.— T h e compiler of the Heddya remarks
that this cafe may occur in various fhapes.— F i r s t , where the-agent
refers the contract to his conf ituent1 s money, as if he ihould fay “ with
“ this thoufand dirms (meaning thofe of his conftituent) I have pur-
* T h a t is, the agent is confidered as having made the purchafe on his own account,
and confequently muft pay the p rice out o f his own property.
V o l . III. D
An agent
cannot pur-
chafe for
himfelf any
fpecific article
which he
is directed to
purchafe for
his conftitu-
ent;
unlefs he purchafe
it for
fomething o f
a different
nature from
the price fpecified
;
or through
the mediation
o f another
agent.
Cafe o f agency
in the
purchafe o f
an indefinite
Have ;
which admits
o f four de-
feriptions.
“ chafed