The selling agent may deliver the item but may not collect the price without an indication authorizing this; and the purchasing agent may pay the price. If he delays doing so without excuse and it is then lost, he is liable for it. …
His statement, “The selling agent”: that is, the one appointed to sell.
His statement, “may deliver it”: that is, he may deliver the item sold, because this is entailed by the contract.
For example, you give a man a watch to sell for you, and he sells it. He then hands it over to the purchaser, even though the principal did not say, “Sell it and deliver it to him”; rather, he only instructed him to sell it. We say: delivery is entailed by the contract, because once the sale is concluded, the purchaser becomes the owner of the commodity, and it becomes obligatory to deliver it to him.
But may he collect the price?
The author says, “but may not collect the price.” There are two reasons for this:
First, he was appointed to sell, not to collect the price; and collecting the price is not entailed by the sale.
Second, the principal may be willing for him to sell on his behalf but not willing for him to collect the price, because, in the principal’s view, he is not trustworthy with it. For these two reasons, they said that he has the authority to deliver the item sold but does not have the authority to receive the price.
This is one of three views. The first view is that he may never collect the price unless he has been specifically authorized to do so. The second is that he may always collect it. The third is that he may collect it when there is an indication authorizing this. The practice of the people is that an agent appointed to sell is also authorized to collect the price, and this is the stronger view.
His statement, “without an indication”: meaning, if there is an indication, then he must collect the price. Such an indication is of two types: one established by the Sacred Law and one established by customary practice.
An indication established by the Sacred Law exists where the sale requires reciprocal possession; in that case, he must collect the price.