Chapter on Agency (1)

An agency contract is concluded by any expression that conveys authorization and acceptance—whether spoken or indicated by conduct—whether the acceptance is immediate or delayed, just as in a partnership or a musāqāt (orchard-sharecropping) agreement.

Anyone who is legally entitled to dispose of a matter may delegate it or accept delegation in it. Agency is valid with respect to every right belonging to human beings: the payment of blood money, rescission of a contract, emancipation, divorce, revocation of a revocable divorce, acknowledgment, and the like, with the exception of ẓihār, liʿān, and oaths. It is likewise valid for discharging zakah, making an expiation, fulfilling a vow, executing or proving a prescribed ḥadd penalty, and for performing ḥajj or ʿumrah on behalf of one who is unable to go.

An agent may appoint a sub-agent to handle what he was commissioned to do when he is unable to perform it himself, provided the task is not ordinarily undertaken by someone of his standing, or when the principal expressly permits it. (2)

The agency terminates upon the death or insanity of either party, or upon the principal’s dismissal of the agent. (3)

One who is authorized to sell an item—or the like—may not sell it to himself, to any of his lineal ascendants or descendants, or to his wife. He may not sell it for anything other than the local currency, nor by barter, nor on deferred terms. If he sells it for less than the market price or for less than the amount the principal stipulated, the sale is valid but he is liable for the shortfall; likewise, if he buys for more than that amount.

If he purchases an item that is defective and he knew of the defect, the purchase is binding on him unless the principal approves it; if the defect was unknown, he has the right to rescind the purchase.