What is the ruling if the seller alleges the principal knew of and accepted the defect?
General Chapter
Al-Mughni
Book of Agency
Primary text
The seller's assertion that the principal knew of and accepted the defect is not accepted without evidence (bayyina). If the seller lacks evidence, the agent is not made to swear an oath unless the seller claims the agent knew of the defect; in that case, the agent swears an oath denying knowledge. This position is held by Al-Shafi'i.
Supporting text
Abu Hanifa holds that the agent is not required to swear an oath because doing so would constitute acting as a proxy in the oath, which is invalid, as the oath required is one denying personal knowledge, in which one cannot act as a representative for another.