What is the ruling when the principal accuses the agent of trespass, negligence, or violating instructions regarding entrusted property?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the principal accuses the agent of excessive loading of an animal, using the property for personal benefit, negligence in safekeeping, wearing a garment, or failing to return money upon command, the statement of the agent is accepted upon taking an oath, based on the principle that the claimant must prove their case, and the agent is the denier. If the loss is established in the agent's possession without trespass or negligence, the agent bears no liability, whether the item ordered sold was lost or the proceeds from the sale were lost, and whether for a fee or without one. This is because the agent is the owner's deputy in possession and action, making loss in their hand equivalent to loss in the owner's hand, analogous to a depositary or *mudharib*. If the agent commits trespass or negligence, liability is established, as with all trustees.
Supporting text
If the agent sold the commodity and collected the price, and the price was lost without the agent's fault, the buyer seeks recourse for the price from the principal, not the agent, because the sold item belonged to the principal, and the warranty of title rests upon the principal, as if the principal had sold it himself.