What is the rule concerning an agent’s resignation versus the principal’s revocation when the agent is unaware of the revocation?
General Chapter
Al-Mughni
Book of Agency
Primary text
Abu Hanifa holds that if the principal revokes the agency, the agent is not dismissed until informed, based on the harm principle mentioned previously. However, if the agent resigns, the resignation is not effective unless the principal is present, as the agent is acting under the principal's command, and such an order cannot be rejected without the principal's presence, unlike the case of a custodian (Wadi') refusing to accept the return of a deposit.
Supporting text
The counter-argument asserts that revocation is similar to the two opinions regarding termination by death: the command of the Lawgiver implies sin if neglected, and one cannot be sinful without knowledge. However, termination of agency involves nullifying an act, which is not prevented by lack of knowledge.