that he had lied, the full rent may then be claimed from the tenant if he has cultivated the land. Either the agent or the principal may make this claim. And Allah knows best.
He—may Allah have mercy on him—was asked:
A man appointed an agent to sell a house, receive the price, hand over possession, draw up the documents, and have witnesses attest the transaction according to customary procedure. The agent sold the house to someone and received the price. The sale was established, and a judge ruled that it was valid. The house remained in the purchaser’s possession for a time; he then made it an endowment, testimony was given, and a judge ruled that the endowment was valid. The house remained in the purchaser’s possession for three years altogether, before and after its endowment. The selling agent’s principal knew of all this and raised no objection.
After this period, however, the principal claimed that he had dismissed the agent before the sale took place, without the agent knowing. He produced evidence of this in another town, and a judge ruled on that evidence without any claim having been brought against the purchaser, his agent, or anyone holding any of the income from the property in use.
Is this judgment valid, and does it invalidate the sale? Must the purchaser pay the fair rental value, or was his use based on a semblance of entitlement? Must the selling agent refund the price? If the selling agent produces evidence that his principal received the price, does that constitute the principal’s consent? Does the principal commit flagrant sin by claiming to have dismissed the agent after three years, despite having remained silent, misled the purchaser, and received the price?