What is the ruling when the principal and agent disagree on the return of the property or its price?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the agent claims to have returned the property or its price, and the principal denies it, the agent's statement is accepted if the return was without compensation (*bi-ghayr ja'l*), because the agent collected the money for the principal's benefit, analogous to a depositary. If the return was for compensation (*bi-ja'l*), there are two views: one accepting the agent's statement because they are an agent, and another rejecting it because the collection was for the agent's personal benefit, analogous to a borrower for use (*musta'ir*). This distinction applies whether the dispute is over returning the object itself or its price.

Supporting text

Trustees are categorized into two types: those who collect solely for the principal's benefit (like a depositary or an agent without a fee), whose statement regarding return is accepted to prevent people from refusing such trusts. The second type benefits from holding the trust, such as an agent with a fee, a *mudharib*, a non-specific hired laborer, a lessee, and a pledgee; regarding these, there are differing views.