If the honest intermediary paid the mortgagee in the absence of the principal debtor without proof, can the principal debtor seek recourse against the intermediary?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
There are two narrations (Riwayatayn). One narration states that the principal debtor may seek recourse against the intermediary because the intermediary was negligent in making the payment without proof, thus the guarantee falls upon him, similar to if the pledge (Rahn) was destroyed due to his negligence. This is potentially the meaning behind the statement of Al-Kharqi: whoever mandates someone to pay money to another, and the agent claims payment, his word is not accepted against the principal unless there is proof.
Supporting text
The second narration states that the principal debtor cannot seek recourse against the intermediary because the intermediary is considered a trustee (amin) concerning the principal debtor's right, regardless of whether the principal debtor affirms or denies the payment; however, if the principal debtor denies it, he must swear an oath against the intermediary.