If the agent sells the item for a specified price, who has the right to claim that price?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the agent sells the item for a specified price, ownership of that price is established for the principal, as the price stands in the place of the sold item. If the price is a debt (*fi al-dhimmah*), both the agent and the principal have the right to demand payment. This is the view of Al-Shafi'i. The rationale is that this is a debt owed to the principal for which he may authorize collection, thus granting him the right to claim it, like all his other debts for which he has appointed an agent. The right to claim is established primarily in the principal's liability and secondarily in the agent's liability, like a guarantor. The seller may demand payment from either party. If the seller absolves the agent, the principal remains liable. If the seller absolves the principal, the agent is also absolved, similar to the relationship between a guarantor and the principal debtor.
Supporting text
Abu Hanifa asserts that the principal has no right to claim the price because the rights of the contract attach solely to the agent. Proof for this is that the session for exchange (*majlis al-sarf*) and the option to retract (*khiyar*) relate to the agent and not the principal, so the taking possession (*qabd*) should also relate to the agent.