Who bears the liability when an agent, instructed to collect specific assets (dinars and a garment), seizes excess assets (two dinars and two garments) and the excess is lost?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 2 · Bab 1

Open in Qurani

Primary text

The liability for the excess assets seized (two dinars and one garment beyond the instruction) rests upon the sender (the one who gave the agent the assets to deliver). This is because the sender gave assets to someone not authorized to receive them. The sender then has recourse against the messenger because the messenger deceived the sender and the loss occurred while the assets were in the messenger's possession, thus establishing liability on the messenger. The principal may hold the agent liable for exceeding the scope of agency (ta'addi bi-qabdi ma lam yu'mar bi-qabdihi). Once the messenger is liable, the sender has no recourse against anyone else, as the loss occurred while the asset was in the messenger's custody.