What is the ruling if a losing agent borrows money to replace lost capital and presents it to the owner?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a laboring agent incurs a loss and borrows money from a third party to show the principal the full capital, claiming the presented sum is the principal, and the owner accepts it, the agent cannot retract their initial declaration of loss. The lender cannot demand repayment from the owner because the owner acquired the sum through the agent's presentation as the capital. Instead, the lender can only seek recourse against the agent.

Supporting text

The testimony of the lender supporting the agent is not accepted because it seeks a benefit for the lender himself.