وَإِنْ مَاتَ الرَّاهِنُ لَمْ يَنْعَزِلْ
Translation: If the pledgor dies, the agent is still not dismissed.
Quduri rules that an agency stipulated in the pledge contract survives the death of the pledgor. The creditor’s pre-existing secured right does not disappear simply because the owner’s estate passes to successors.
This does not mean every ordinary agency continues after death. The special result follows from the condition embedded in the pledge and its connection with the pledgee’s right. The ordinary rules of agency should not be generalized over this specific case.
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Agency when the pledgor dies
Kitab al-Rahn: Partial Repayment, Agency to Sell and Pledgee Rights
وَإِنْ مَاتَ الرَّاهِنُ لَمْ يَنْعَزِلْ
Translation: If the pledgor dies, the agent is still not dismissed.
Quduri rules that an agency stipulated in the pledge contract survives the death of the pledgor. The creditor’s pre-existing secured right does not disappear simply because the owner’s estate passes to successors.
This does not mean every ordinary agency continues after death. The special result follows from the condition embedded in the pledge and its connection with the pledgee’s right. The ordinary rules of agency should not be generalized over this specific case.