But if he says, “He is my agent after my death,” the difficulty is removed, for if he restricts the agency to after his death, we know with certainty that he intended an executorship.
The author’s statement, “and the dismissal of the agent”: We have not found this phrase in al-Muntahā, al-Iqnāʿ, or al-Muqniʿ—the latter being the original text upon which this book is based. In fact, it is superfluous, because the dismissal of the agent is already covered by the statement, “the termination by either of them.” The principal’s termination means dismissing the agent. Therefore, there is no need to say, “and the dismissal of the agent.” Perhaps this was simply a slip of the pen by the author, may Allah have mercy on him.
In any case, an agency is invalidated by the dismissal of the agent, and dismissing the agent means that the principal terminates the agency.
Question: Suppose a man appoints someone as his agent to sell his house. After the agent has left, the principal himself sells the house, and then the agent sells it. Thus, the owner sells it to Zayd, while the agent sells it to Amr. The agent has thereby been dismissed, because the owner’s sale of something for whose sale he had appointed another person as his agent means that he has dismissed him. This is dismissal by conduct.
Accordingly, the agent sold it to Amr while the owner sold it to Zayd. If we invalidate the agent’s sale, Amr’s right is affected; and if we invalidate the owner’s transaction, we invalidate Zayd’s right. We therefore give precedence to the one with the original authority, namely the owner. We then say that the agent’s sale concerned something whose ownership had passed away from its owner, such that even its owner could no longer dispose of it. Thus, we rule the agent’s sale invalid, because the right of a third party has become attached to this matter. Moreover, the subject of the agency has passed from the principal’s ownership into another ownership, and this transfer cannot be invalidated. If we were to validate the agent’s transaction, that would entail invalidating the owner’s transaction.