What should a debtor do if they are instructed to pay a debt to an agent of the creditor, but the debtor fears the creditor may have died?
General Chapter
Al-Mughni
Book of Agency
Primary text
If a person is directed to pay a debt to an authorized agent of the creditor, and the creditor has disappeared, the debtor should not pay solely to the agent due to the fear that the creditor might have died, which would invalidate the agent's authority, making the heirs the rightful claimants who could then hold the payer liable. The recommended course of action is for the debtor to pay both the agent and the heirs jointly, thereby absolving themselves of responsibility to both parties.
Supporting text
This recommended precaution reflects an approach favoring the protection of the debtor against potential liability from the heirs, though judging solely by the law, the agent has the right to demand payment, and the debtor has the right to pay the agent. This preference for precaution suggests that the agency is terminated by the death of the principal even without the agent's knowledge, as the debt transfers to the heirs. It also supports the validity of accepting agency without explicit verbal authorization (e.g., Tawkeel) and indicates that acceptance of the agency can be delayed after the initial mandate.