demanding it, like his other debts for which he had appointed an agent. It differs from the session of the contract, because that is from the conditions of the contract, so it attaches to the contracting party, like the offer and acceptance. As for the price, it is a right of the principal and part of his wealth; therefore, he has the right to demand it. We do not accept that the rights of the contract attach to him [the agent]; rather, they attach to the principal, and these are: delivering the price, receiving the sold item, returning for a defect, and guaranteeing against liability (darak). As for the price of what he purchased if it is in the liability, it is established in the liability of the principal as a primary matter, and in the liability of the agent as a secondary matter, like the guarantor. The seller has the right to demand from whomsoever he wishes of the two. If he absolves the agent, the principal is not absolved, but if he absolves the principal, the agent is also absolved, exactly like the guarantor and the person for whom the guarantee is made. If he pays the price to the seller and then finds a defect in it and returns it to the agent, it is a trust in his hand. If it perishes, it is from the guarantee of the principal. If he authorizes a man to borrow a thousand on his behalf in exchange for a kurr (a specific measure) of wheat, and he does so, the principal owns its price, and the agent is a guarantor for his principal, as has preceded.
Section: Ahmad said, in the narration of Muhanna: If he gives a garment to a man to sell it, and he does so, and the buyer gifts him a handkerchief, then the handkerchief belongs to the owner of the garment. He only said that because the gift of the handkerchief has the sale as its cause, so the handkerchief was an addition to the price, and an addition in the session of the contract attaches to it.
Section: Regarding testimony for agency: If one claims agency and brings a witness and two women, or swears with his witness, our companions have two narrations regarding it. The first: It is established by this if the agency concerns property. Ahmad said regarding a man who appoints an agent and has a man and two women testify for him when the demand is for a debt; as for other than that, it is not. The second: It is not established except by two just male witnesses. Al-Khiraqi transmitted it with his saying: It is not accepted in matters other than property which is known
(50) In the original: "malahu" (his wealth). (51) In the original: "talifat" (it perished). (52) In B: "fihi" (therein). (53) In B there is an addition: "al-wakalah" (the agency). (54) In B: "wa ma" (and what).
