What is the legal implication of stating, 'He has partnership (shirka) in this slave'?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The declaration, 'He has partnership in this slave,' is legally valid as a confession (iqrar). The confessor has the right to interpret the extent of that partnership as they wish, irrespective of the amount specified. This ruling holds that any portion belonging to the confessor allows them to claim partnership, meaning they can interpret it as half, as this designation of partnership is not figurative or contrary to the apparent meaning when it is less than half.
Supporting text
Abu Yusuf ruled that such a declaration implies the confessor is admitting to owning half of the slave. This opinion is based on the Quranic verse concerning shareholders in a bequest, "They are partners in one-third" (Quran 4:12), which implies equality among partners, thus necessitating equality in this context as well.