#Qudoori

[@RootsOfKnowledge]

Notes for the lesson: Wakalah: Legal delegation of authority in Islamic jurisprudence, where one person (the muwakil, principal) authorises another (the wakil, agent) to act on their behalf. Core Concepts: Shira’a: To buy or purchase. Muwakil: Principal who appoints the agent. Wakil: Agent acting on behalf of the principal. Khusuma: Representing the principal in disputes or legal arguments. Qabadh: Taking possession of something. Key Vocabulary Ayn: Specific. Ghair Ayn: Non-specific or general. Iqrar: Acknowledgment or admission. Majlis al-Qadi: The sitting of the judge or court. Wadi’a: A trust left for safekeeping. Muda’: The trustee or one entrusted with the item. Detailed Masa’il (Rulings) 1. Wakil Appointed for Buying a Specific or Non-Specific Item Specific Item: The wakil is instructed to buy a specific item (e.g., Zaid’s blue car). The wakil cannot purchase the item for himself. If he does purchase it for himself, the muwakil can take legal action. Non-Specific Item: If the muwakil appoints the wakil to purchase any item of a general category (e.g., "buy me a car"), the wakil can: Choose to make the purchase for himself by default. Choose to make the purchase for the muwakil if: He explicitly intends the purchase for the muwakil (nawaitu lil muwakil). He uses the muwakil’s money for the purchase. 2. Wakil Appointed for Court Representation (Khusuma) The wakil is authorised to argue a case in court. Ruling: The wakil for khusuma is automatically authorised to take possession (qabadh) of items involved in the case if they win. Reason: This was the customary practice (urf) during the time of the Hanafi scholars. 3. Wakil Appointed for Debt Collection The wakil is appointed solely for debt collection. Scenarios: If the debtor gives the money to the wakil, the debt is considered repaid unless the muwakil later denies receiving it. If the debtor is unsure about the wakil’s claim, they can request proof or refuse to pay. Difference of Opinion: Abu Hanifa: A wakil for debt collection can also represent the muwakil in court disputes related to the debt. Abu Yusuf and Muhammad: A wakil for debt collection cannot act as a court representative unless explicitly authorised. 4. Admission (Iqrar) by the Wakil In Court (Majlis al-Qadi): The wakil can make affirmative admissions (e.g., "Yes, my muwakil is liable") on behalf of the muwakil. The wakil can also make negative admissions (e.g., "No, my muwakil is not liable"). Outside of Court: Abu Hanifa and Muhammad: The wakil cannot make affirmative admissions outside of court. Abu Yusuf: The wakil can make affirmative admissions even outside of court. Implication: If the wakil is not comfortable defending false claims, they have the right to terminate their agency role. 5. Handling of Debt Payments to the Wakil Scenario: The wakil claims to be the agent of the muwakil and collects a debt from the debtor. If the muwakil later denies authorising the wakil or denies receiving the payment: The debtor must repay the debt again to the muwakil. The debtor can then pursue the wakil to recover the amount already paid. If the muwakil confirms the payment, the matter is resolved. Ruling: The debtor’s payment is valid if: They believed the wakil’s claim. The muwakil confirms the wakil’s authority. 6. Handling of Trusts (Wadi’a) A wakil appointed to retrieve a trust (e.g., an item left for safekeeping) from a trustee: The trustee is not required to hand over the trust to the wakil, even if they believe the wakil. Reason: Trusts require higher levels of security, and only the original depositor (muwakil) can retrieve it unless explicit instructions are given. Summary of Key Rulings Specific vs. Non-Specific Purchases: Specific: Must be purchased for the muwakil. Non-Specific: By default, it is for the wakil unless explicitly intended for the muwakil or purchased with the muwakil’s money. Dual Roles of Wakil: Wakil for khusuma can act as wakil for qabadh (and vice versa, per Abu Hanifa). Abu Yusuf and Muhammad restrict these roles to their original scope. Admissions in Court: Affirmative admissions in court: Allowed (unanimous). Affirmative admissions outside court: Disputed (allowed per Abu Yusuf). Debt Collection: Payment to the wakil is valid if: The debtor believes the wakil’s claim. The muwakil later confirms the payment. If disputed, the debtor pays again and recovers from the wakil. Trusts: Trusts require explicit authorisation for retrieval. The trustee is not obligated to release the trust to the wakil without direct instructions. Practical Examples Buying a Car: If a wakil is told to buy Zaid’s blue car, they cannot buy it for themselves. If they’re told to buy any car, they can claim it for themselves unless specific intent or funds were provided for the muwakil. Debt Collection Gone Wrong: A debtor pays a wakil but later learns the muwakil denies authorising the wakil. The debtor must repay and recover the first payment from the wakil. Trust Retrieval: A wakil cannot retrieve a trust from a trustee without explicit authority, even if the trustee believes their claim. Questions for Review What is the ruling for a wakil purchasing a specific item for themselves? Can a wakil for khusuma also take possession of an item? What happens if a wakil admits liability on behalf of the muwakil outside of court? If a debtor pays a wakil who turns out to be unauthorised, what is the next step? How does handling of trusts differ from handling of debts?