Is the agent liable for the destruction of the item given for service or sale if there was no stipulated price?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the item perishes while secured, or without the fault of the agent, there is no liability (Dhaman), as what is not guaranteed under a valid contract is not guaranteed under an invalid one. If the item perishes due to the agent's action, such as tearing or damaging it, the agent is liable, as liability is more warranted in an invalid contract than in a valid one for such actions.
Supporting text
Ahmad ruled that if a person gave cloth to a laundryman without fixing a wage, saying 'I will pay you as others are paid,' and the cloth perishes from tearing or similar events not directly caused by the agent's active wrongdoing, the agent is not liable, irrespective of whether the rent (wage) was specified or not; the rationale being the nature of the liability in such cases.