Is the testimony of an agent accepted on behalf of his principal concerning the matter of the agency?
General Chapter
Al-Mughni
Book of Agency
Primary text
The testimony of an agent on behalf of his principal concerning the matter in which he was appointed as agent is not accepted. This is because establishing the matter solidifies a right for himself; for instance, if he is authorized to collect a right and testifies that the principal is entitled to it, this establishes his right to collect it. Moreover, he is considered an opponent (khasm) in that matter, evidenced by his capacity to litigate concerning it.
Supporting text
Abu Yusuf and Muhammad hold this view. Abu Hanifa permits the testimony if the agent had not engaged in litigation regarding that specific agency matter, reasoning that since he has no established right in it and did not litigate concerning it, the situation resembles a case where he was never an agent in that matter. Al-Shafi'i has two opinions corresponding to these two views.