Is testimony complete regarding the wording used by the principal when establishing agency if the words used differ significantly?
General Chapter
Al-Mughni
Book of Agency
Primary text
The testimony is not complete if one witness testifies the principal said, 'I appointed you as agent' (Wakkaltuk), while the other testifies the principal said, 'I permitted you to act' (Adhintu lak fi at-tasarruf), or 'I made you an agent' (Ja'altuka wakeelan), or 'I made you an associate/partner in transaction' (Ja'altuka jariyyan). This invalidity stems from the difference in the specific wording used by the principal, as 'Jari' means the agent.
Supporting text
If one witness testifies, 'I testify he appointed you as agent,' and the other testifies, 'I testify he authorized him to act,' the testimony is complete because the witnesses are not recounting the principal's exact words but rather conveying the meaning through their own phrasing. If the meaning is agreed upon, the difference in their phrasing does not invalidate the testimony.