The agent commissioned to sell the goods is to hand them over, but he need not receive the price—so long as omitting to do so does not result in usury (riba). By contrast, the agent of a buyer must remit the price; if he delays payment without a valid excuse, he is liable for it. Should the principal authorize him “in every small and great matter,” or instruct him to “buy whatever you like,” or to purchase a specific item “for whatever price you choose,” the agency is invalid unless the kind of commodity and the amount of the price are both specified.
An agent appointed solely for litigation (1) has no authority to receive what is due, whereas an agent empowered to receive may litigate. If the principal says, “Collect my due from Zayd,” the agent may not collect it from Zayd’s heirs—unless the principal adds, “from whoever owes it.” An agent who settles a debt in the principal’s absence is liable if he does so without witnesses, though this liability does not apply in the case of simply delivering a deposit.
The agent is a trustee: his word concerning the matter entrusted to him is accepted, and he is not liable for loss that occurs in his hands without negligence; his statement is admissible if he swears to it.
If someone claims to be Zayd’s agent for collecting Zayd’s right from ʿAmr, ʿAmr is not obliged to hand it over to him merely because he acknowledges the debt, nor is he required to take an oath when he denies the agency. Should ʿAmr nonetheless pay him, and Zayd then deny having appointed him and swear to that effect, ʿAmr is liable. If the property delivered was a deposit, the recipient is liable for it; and if it is later lost, the owner may claim indemnity from whichever of the two he wishes.
[Chapter on Partnership]
Partnership is of several kinds.
- The ʿInān partnership: two or more persons contribute specified cash capital, which they physically bring together—even if it consists of two different currencies or of unequal amounts—in order to conduct business with it, sharing the profit according to their agreed stipulation. The transaction of each partner is effective: by right of ownership with regard to his own share and by right of agency with respect to his partner’s share. If they fail to stipulate the division of profit, or they allot to one of them an unknown portion (2), or a fixed sum of dirhams, or a profit