What is the ruling if the agent promised to return the funds but then later claims repayment or prior destruction?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the agent promised to return the funds but subsequently claims either that he had already returned them before the demand, or that they were destroyed, his statement is not accepted because his prior promise to return contradicts his subsequent claim. If the principal confirms the agent's claim of return or destruction, the agent is absolved. If the principal denies it (i.e., confirms the agent's statement was false), the principal's word prevails.
Supporting text
There are two differing opinions regarding whether evidence (bayyinah) presented by the agent supporting his claim of return or destruction is accepted when contradicted by his prior promise. One view accepts the evidence because if the principal had confirmed the claim, the agent would be absolved, and evidence functions similarly to admission. The second view rejects the evidence because the agent's initial promise already contradicted the later claim of return.