What is the consequence of a judge confirming the agency of two agents when one is present and the other is absent?
General Chapter
Al-Mughni
Book of Agency
Primary text
If a judge encounters one agent while the other is absent, and the present agent claims agency on behalf of both, and provides evidence (*bayyinah*), the judge hears the evidence and rules that the agency is established for both. The present agent cannot then act alone; they must wait for the other to return to act jointly. No re-submission of evidence is needed, as the judge heard it once for both. This ruling regarding the absent party is permissible as an accessory to the right of the present party, similar to ruling on a *waqf* (endowment) that benefits someone not yet born who is destined to receive it immediately.
Supporting text
If the absent agent later denies the agency or revokes the agency, the remaining agent loses the right to act. Abu Hanifa and Al-Shafi'i hold this view, and there is no known disagreement on this matter. All types of transactions are treated equally in this regard.