Is a person holding a deposit required to pay it to someone claiming to be the agent of the creditor?
General Chapter
Al-Mughni
Book of Agency
Primary text
If a person holding a deposit (wadeeah) is approached by someone claiming to be the agent of the creditor for the debt owed to the depositor, and the claimant provides proof (bayyinah) of agency, payment must be made to that claimant. If no proof is provided, payment is not obligatory, even if the holder believes the claimant is the agent or denies it. This is the position held by Al-Shafi'i. The justification is that delivery of the item (the deposit) does not absolve the holder of liability if the agency is later disproven, similar to when the right in question is a physical asset or when one acknowledges someone as the guardian of a minor.
Supporting text
Abu Hanifa holds that if the deposit holder affirms the claimant's agency, then payment is obligatory. Regarding the delivery of the physical item (the deposit) itself when affirmed, there are two narrations; the more famous one states that delivery is not obligatory. The opposing view holds that since the holder affirmed the right of fulfillment, delivery is necessary, analogous to admitting someone is an heir, because the heir's acknowledgment implies the absence of others' rights.