Is the agent's admission (Iqrar) of a defect binding upon the principal?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 5

Open in Qurani

Primary text

If the defect is one that could have occurred during the agency, and the agent admits to it while the principal denies it, there is a difference of opinion. Abu Al-Khattab holds that the agent's admission regarding the defect is accepted against the principal because it relates to a right (the right of return), similar to the option of condition (Khiyar al-Shart).

Supporting text

The established view, held by the companions of Abu Hanifa and Al-Shafi'i, is that the agent's admission is not accepted against the principal because it is an admission concerning another party, thus being treated like the admission of a non-related person (Ajnabi).