An example of this is where he gives him gold jewelry and says, “Sell it.” In this case, he cannot sell the gold for dirhams without taking possession; rather, possession must be taken. Thus, we say that this indication is one established by the Sacred Law.
A customary indication has two forms:
The first is where he sells it to an unknown man, a stranger whose identity is not known. If he does not collect the price from him, it will be lost. Here, the indication shows that he must collect it.
The second is where he sells it to someone known for delaying payment. In this case, he collects the price, because that is in the principal’s interest.
If someone were to ask: Why do you not prohibit him from the outset from selling to a stranger or to someone who delays payment?
We reply: The interest involved and the prospect of a higher price may require him to sell to a stranger or to one who delays payment; and if he is going to hand over the price to him, there is no harm.
If the principal authorizes the agent to collect the price, should he collect it?
The answer is: Yes; all the more so.
If he says, “Do not collect the price,” then he must not collect it, even if there is an indication to do so, because he has forbidden him and said, “Do not collect the price.”
But if someone were to ask: If he forbids him from collecting the price, it is known that the principal is not foolish, such that he would not authorize him when the indication shows that he should collect it.
It is then said: If we know this from the principal’s circumstances—that if he sold it to