death once the agent learns of it, with respect to both him and anyone dealing with him; in the case of dismissal, it terminates upon dismissal itself, even if neither has learned of it. And Allah grants success.
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All these interpretations are open to objection. The correct view is that three opinions can be derived concerning this question, as I explained earlier. This disagreement stems from the disagreement among scholars of legal theory concerning someone who knows a ruling that is subsequently abrogated, but news of its abrogation does not reach him: does the ruling cease to apply to him as soon as it is abrogated, even if he has not learned of this, or only once he learns of it?
They said that Mālik’s position indicates that the ruling ceases to apply to him as soon as it is abrogated, even if he has not learned of this. They inferred his position from his statement concerning a woman whose husband dies or divorces her: her waiting period begins on the day the separation or death occurs, not on the day the news reaches her. They also cited his statement that an agent whose principal dies or dismisses him is dismissed even if he is unaware of it.
Abū Hanīfah’s followers said that the ruling does not cease to apply to him until he learns of its abrogation. Al-Shāfiʿī’s followers disagreed: some adopted Mālik’s position, while others adopted that of the Iraqi scholars. Our scholars supported the position they inferred from Mālik’s school by arguing that Allah Most High’s ruling has become established, and a person’s ignorance of it does not relieve him of the obligation to comply with it. At most, he may be excused for his ignorance.
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According to this interpretation, the disagreement concerning an agent’s acts, transactions, and collection of debts after his dismissal or his principal’s death, and concerning what a woman spends after her husband’s death or his divorcing her, before she learns of it, arises solely from disagreement over whether ignorance constitutes an excuse and whether negligence in giving notice is taken into account.
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Agency is permissible with or without remuneration. If remunerated, it is a contract of hire binding on both parties, and is valid only with a specified fee, a fixed term, and clearly defined work. If, however,