it is undertaken without remuneration, it is an act of kindness on the agent’s part, and once he accepts the agency, he is bound by what he has undertaken. The principal may dismiss him whenever he wishes, unless the agency concerns litigation. In that case, once the agent has met the opposing party two or three times in the course of the dispute, the principal may not dismiss him and appoint someone else, nor conduct the case himself, except for a valid reason. This is the well-known position in the school. A statement by Asbagh in al-Wādihah, however, indicates that the principal may dismiss him from the litigation so long as a final judgment is not imminent. Where the principal may not dismiss the agent from the litigation, the agent likewise may not withdraw after accepting the agency.

Section

There are two opinions concerning whether it is permissible to agree on a fee for conducting litigation on the condition that, if the agent succeeds, he receives a specified amount, but if he does not, he receives nothing. Both opinions appear in the Book of Contingent Fees and Hire in al-Mudawwanah.

There is a similar disagreement concerning a man who says, “Direct me to a woman whom I can marry, and you shall have such-and-such,” or, “Direct me to someone who will buy my slave woman, and you shall have such-and-such,” and the requested introduction is made. According to one opinion, the promised payment is binding in both marriage and sale; this is the position of Sahnūn and Asbagh. According to another, it is binding in sale but not in marriage. This is Mālik’s position in the section entitled “Cloth” in Ibn al-Qāsim’s transmitted questions in the Book of Contingent Fees and Hire.

Ibn al-Qāsim likewise distinguished between saying, “Entrust me with selling your house, and you shall have such-and-such,” and, “Entrust me with arranging your daughter’s marriage, and you shall have such-and-such.” He permitted this in sale in the section entitled “If He Goes Out” in ʿĪsā’s transmitted questions in the Comprehensive Book of Sales, but did not permit it in marriage in the section entitled “The Reply” in ʿĪsā’s transmitted questions in the Book of Marriage. There is no difference between sale and marriage in any of these matters, and the position of Sahnūn and Asbagh is more convincing.

It is also stated in ʿĪsā’s transmitted questions in the aforementioned book that saying, “Seek to arrange my marriage to so-and-so’s daughter,” or, “Go on my behalf for that purpose,” is permissible, provided this takes place within the town and he does not travel to another town for it. And Allah grants success.