Book of Agency
755 — All the scholars whose opinions we preserve unanimously agree that a sick person who is unable to appear before the court, as well as someone who is out of town, may each appoint an agent to pursue his claim and speak on his behalf.
756 — They also concur that the agency is dissolved by the death of the principal.
757 — They unanimously hold that the mere sleep of either the principal or the agent—or of both—does not invalidate the agency.
758 — They likewise agree that when the principal authorises the agent to make an acknowledgement on his behalf, the agent’s acknowledgement is binding upon the principal.
759 — They agree that if the principal has expressly empowered the agent, within the deed of agency, to delegate his authority, the agent may appoint another in his place.
760 — They unanimously maintain that if the principal specifies a price for a sale or purchase and the agent disregards that stipulation, the transaction is invalid.
761 — They are also agreed that if the principal deputes the agent to sell a commodity and the agent sells it for the currency most commonly used in the locality—whether gold dinars or silver dirhams—the sale is valid.
762 — They unanimously hold that if an agent sells a slave or other merchandise and the purchaser later claims a defect, producing testimony that the defect existed at the time of sale, the agent is not absolved of liability. The judge rescinds the sale, obliges the agent to refund the price, the item reverts to the principal, and the buyer bears no further responsibility.
763 — They also agree that if a man appoints someone to collect a debt owed to him, and the agent forgives the debtor that debt, the forgiveness is invalid because the agent does not own the debt. The same ruling applies to the price of goods owed to the principal by a purchaser.
764 — They unanimously hold that if a father appoints an agent to manage his young child’s property—whether to sell, buy, or otherwise—and the father then dies, the agency is terminated.