If an agent is authorized only to establish (Tathbit) a right, does he gain the authority to take possession (Qabd) of that right?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the principal authorizes the agent only to establish a right, the agent does not possess the authority to take possession of it. This is the position of Al-Shafi'i. The justification is that the authorization to establish the right does not inherently include possession, either explicitly by wording or by customary understanding, as not everyone deemed suitable for establishing a right is necessarily suitable for receiving possession of it.

Supporting text

Abu Hanifa holds that the agent possesses the right of possession, as the ultimate objective of establishing the right is its collection and acquisition.