What is the ruling if the master appoints an agent in the city where the mukatab resides to receive the payment?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the master appoints an agent in the mukatab's city to collect the payment, the mukatab is obligated to pay that agent. If the mukatab refuses to pay the agent, the master gains the option of dissolution.

Supporting text

If the master explicitly authorized the agent to dissolve the contract upon the mukatab's refusal to pay, the agent may dissolve it, provided the agent's authority is proven by clear evidence (bayyinah) such that the mukatab is secure against the master later denying the agency. If such proof is absent, the mukatab is not obligated to pay the agent, and this constitutes a valid excuse preventing the master from dissolving the contract, because the mukatab cannot be certain that if he pays, the master will not later deny the agency and claim the amount from the mukatab, regardless of whether the master confirms or denies the agent's authority.