What is the ruling regarding the agent's liability if Qiran is performed without the permission of either principal?
General Chapter
Al-Mughni
Book of Hajj
Primary text
The established view is that if the agent performs Qiran without permission from either principal, the agent is liable for the entire expense because the principal commanded a single, separate rite, and the agent deviated by performing a combined rite. This is analogous to commanding a Hajj but performing an Umrah instead. The counter-argument is that the agent performed what was commanded in essence, differing only in the manner (its attribute), similar to someone commanded to perform Tamattu' who instead performs Qiran.
Supporting text
The opinion of Al-Qadi states that if the principals did not give permission, the agent is liable for the entire expense because the agent contradicted the order, which commanded a singular rite, similar to commanding a Hajj and performing Umrah.