Is an agent's action valid if performed after the principal has revoked the agency or died, without the agent's knowledge?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the agent acts after the principal's revocation or death, the act is void if the agent was aware of the termination. Concerning the situation where the agent is unaware of the revocation or the principal's death, there are two narrations from Ahmad. The dominant view, reflected in the apparent position of Al-Khiraqi, states that the agency terminates immediately whether the agent knows or not. Any subsequent action is void because termination involves annulling a contract that does not require the consent of the other party, similar to divorce (Talaq) or manumission ('Itaq).
Supporting text
The second narration from Ahmad holds that the agent is not effectively dismissed before learning of the principal's death or revocation. This is based on the principle that premature nullification would cause harm, such as subsequent possession or consumption of goods sold by the agent, leading to liability for the agent and loss for the buyer. Therefore, actions performed prior to knowledge are effective based on this narration.