When the principal grants an agency mandate without specifying the power to appoint a sub-agent, under what conditions is sub-agency permissible?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the mandate is general, sub-agency is permissible in three scenarios: First, if the task is one that the agent typically avoids due to social standing, lack of skill, or inability; in such cases, the authorization defaults to the customary practice of delegation. Second, if the task is one the agent could perform personally, but it is too vast or widespread to complete entirely, sub-agency for the entire task is allowed due to necessity, mirroring explicit permission. Third, if the agent can perform the task but is not elevated above it, and does not face impossibility, there are two narrations regarding permissibility.
Supporting text
The first narration, which is the position of Abu Hanifa, Abu Yusuf, and Al-Shafi'i, prohibits sub-agency because the principal did not authorize or imply it, and it constitutes entrusting a matter the agent could handle personally to an unapproved party, akin to a deposit (*wadi'ah*). The second narration permits it if the agent becomes ill or absent, based on the reasoning that the agent possesses the right to act personally, thus possessing the authority to delegate like an owner. However, the first narration is preferred because an owner acts regarding their own property as they wish, which is not the case for an agent.