What is the ruling on an agent's claim of loss or destruction of entrusted property?
General Chapter
Al-Mughni
Book of Agency
Primary text
When the agent and the principal disagree regarding the loss or destruction of the principal's money or the proceeds from a sale, and the agent claims it was lost or destroyed while in his possession, the principal denying this claim, the statement of the agent is accepted upon taking an oath. This is because the agent is a trustee (*amin*), and proving loss for such assets is practically impossible, thus similar to a depositary (*muda'i*). This principle extends to all possessors of others' property as a trust, such as a father, guardian (*wasi*), judicial trustee, partner (*sharik*), manager of capital (*mudharib*), pledgee (*murtahin*), lessee (*musta'jir*), and a non-specific hired laborer (*ajir mushtarak*). This ruling prevents people from refusing to handle trusts, to which society has a need, thus preventing general harm.
Supporting text
The judge states that if the agent claims the loss occurred due to an obvious external event, such as fire or robbery, the burden falls upon the agent to provide evidence of this event occurring in that vicinity. Thereafter, the agent's claim regarding the loss is accepted, which aligns with Al-Shafi'i's opinion because an obvious event should be provable.