to a Mujfuhnan; and that, therefore, from a principle of caution, it
ought to; be extended to that period.— With refpect to the expreffion
“ or. having apoftatized, he; united to a hoftile country,” (as men*-
tioned in this cafe,) lawyers obferve that it is the dodtrine of Haneefa ;
becaufe, according to him, all the adts of a perfon who limply apofta-
tizes remain fu ff ended: if, therefore, he afterwards repent, and return
to the faith, his ads (and confequently his commilfion of agency),
are confirmed; but if he be either put to death on account of his-
apoflacy, or fly to the infidels, his ads are rendered void, and his eom-
miflion of agency is annulled.— In the opinion of the two difciples,
on the other hand, the ads of an apoftate are valid, and therefore his
commiffion of agency is not annulled, unlefs in cafe of his dying,,
or being put to death, or being expatriated, by a decree of the
Kdzee.
but not by If the conftituent be a woman, and apoftatize, her conftitution of
apoftacy if the a g e n c y neverthelefs, remains binding until her death, or until her
conftituent be 0 ■ J ■•• •_ f - .. . . a woman. removal to an infidel country, becaufe it has been-determined that the
apoflacy of a woman has no effed on her contraBs, fuch as fade, or
the like.
Cafes in If a Mokdtib appoint an agent, and afterwards become incapable
which an ap- f difchargino; his ranfom,—or, if a privileged {lave appoint an agent,
agency by a and afterwards be laid under reftridions,—or, if one of two partners
\iazo‘on’, or a appoint an agent, and the partners fhould afterwards feparate and dif-
annuUed! H f°lye l^e‘r in thefe cafes the agency becomes null,
whether the agent may or may not have received intelligence of thefe
fupervenient circumflances, (fuch as the incapability of the Mokdtib,
and fo forth,) for the reafon already affigned, that “ the continuance
“ of agency depends oil the continual exiflence of the power and ca-
“ pacity of the conftituent to create i t w h i c h power difeontinues in
confequence of any of the above circumftances. Now this reafon obtains
in either cafe; (that is, whether the agent be informed of thefe
circumflances,
circumflances, or «of:) in either cafe, therefore, the agency is annulled._
T h e reafbn of this is that the difmiflion of the agent is* a difmiffion
by effeB and o f •necefftty, and therefore does-not reft upon his
knowledge;— in the, fame manner (for inftance) as- an agent for
fale is difmifled when the thing is fold by the conftituent; i in which
cafe the agency neceflarily. ceafes, as • the y k ^ d T o f ■ i f mo longer
remains.* • :
If an agen t fhould die, or 'become -an abfolu te idiot j the agency
ceafes 5 becaufe the continuance of agency ftands on the fame ground
as its commencement; and as, at the commencement, It is requifite
that the agent be capable of executing the orders of his cbnftituent,
it follows that the continuance of this capacity is a condition of the
continuance of the agency; and this capability ceafes in the prefent
inftance, in confequence o f the death or idiotifm.— In the fame manner
alfo, if an agent apoftatize and go to an infidel country; his idts
are not binding; unlefs 'he again become a Mujfuhnan, and return,
in which cafe the agency reverts to himd— The author of this work
obferves that this is according to Moharnmed; but that, according to
Aboo Yoofaf, the agency does not revert, notwithftanding the agent’ s
returning to the faith and to his country.— T h e argument o f Mohammed
is that a commiffion o f agency is a latitude, or endoyumeht with
power o f aBim, as it is the renewal of the bar t6 fuch power, which
'would otherwife oppofe itfelf. Now the agent’ s power o f action, fo
far as merely regards himfelf, refts upofi the exiflence in him o f certain
qualities, namely rationality, freedom, and maturity o f years; and
he has been rendered incapable of exerting that power merely by a
fupervenient circumftance, (namely, his defertion to a hoftile .countr
y ;) when, therefore, the caufe of this difa,bility is removed, if the
latitude ftill continue in force, he again becomes an agent, ,as before.
T h e reafbning of Aboo Yoofaf \sx\izt a commiffion of agency is an in-
yeftiture with a power of paffing\— in other words,* the agent, in virtue
of his commiffion, is poflefled of a power o f faffing his adts, fb that
I % they
Acommiftkm
of agency is
annulled by
the death or
lunacy o f the
agent;
or, by his
apoflacy and
flight to a
hoftile country.