What happens when a principal claims their agent only authorized a mortgage for ten units, while the agent claims they mortgaged the property for twenty units and received the full amount?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The matter is settled by questioning the agent (the messenger). If the principal (the one who sent the agent) is believed, the agent must swear an oath that they only mortgaged for ten units and received only ten units. The principal incurs no oath as the claim is against another party. If the agent swears falsely (نكول), they are liable for the disputed ten units, but they cannot recover this amount from anyone, as the principal is upheld in saying they neither received nor authorized the taking of the extra amount; the mortgagee is the oppressor. If the agent confirms the mortgagee's claim that twenty units were received and that they delivered the full amount to the principal, then the principal's statement is accepted along with their oath. If the principal refuses to swear, they are judged liable for the ten units and must pay the mortgagee. If the principal swears, they are absolved, and the agent is liable to the mortgagee for the ten units because the agent falsely claimed it was rightfully theirs while the principal wronged them.
Supporting text
If the agent is unavailable or cannot take the oath, the principal must swear that they only authorized the mortgage for ten units and did not receive more than that. The mortgage remains valid for ten units, and the remaining ten units are left unsecured.