Is agency (Wakala) established based on the testimony of a single person (khabar al-wahid)?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 1 · Bab 1

Open in Qurani

Primary text

Agency is not established by the testimony of a single person. This position is held by Al-Shafi'i. The reasoning is that agency is a financial contract, and thus, it is not established by the testimony of a single person, similar to a sale contract.

Supporting text

Abu Hanifa holds that agency is established by the testimony of a single person, even if that person is not trustworthy (*thiqah*). Permissible action on behalf of the principal is allowed based on this report if the reporter's truthfulness is likely, provided the agent guarantees compensation if the principal denies the agency. Furthermore, the revocation of agency (*azl*) is established by the testimony of a single person if that person is a messenger, as requiring two trustworthy witnesses for revocation is difficult, thus negating its requirement. This differs from the usage of a slave, where testimony is not required because the usage is not a contract.