Can an agent collect a debt from the heir of the debtor if the principal dies?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the principal instructed the agent using the phrase, 'Collect my right from so-and-so,' the agent is prohibited from collecting from the heir, as this specific instruction was not given. However, if the instruction was, 'Collect my right which is against so-and-so,' or 'against so-and-so,' then the agent may pursue the heir and collect, because collecting from the heir is collecting the right owed by the deceased principal.
Supporting text
If the debtor, Zayd, appointed someone to pay the agent, the agent may collect from Zayd's appointee, as the heir acts as a deputy for the deceased, making it analogous to the agent's own deputy. This is countered by the view that when an agent pays with permission, it is like the principal paying himself, which is not the case here, as the right transfers to the heirs, requiring pursuit against them directly, not through the deceased's deputyship.