Under what circumstances is an agent implicitly authorized to receive the sale price?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the prevailing circumstances indicate that receiving the price is intended—such as authorizing the sale of an item in a market where the principal is absent, or in a place where delay in collection would lead to loss of funds—then this constitutes implicit permission for the agent to receive the payment. If the agent refrains from collecting the price in such situations, the agent becomes liable (guarantor) for that price, as the principal's intent in ordering the sale was primarily to secure the funds, and failing to secure them implies negligence on the part of the agent.

Supporting text

If the circumstances do not indicate implicit permission for collection, the agent does not have the authority to receive the price.