Who bears the maintenance expenses for the managing partner during permitted travel?
General Chapter
Al-Mughni
Book of Partnership
Primary text
There is a dispute regarding who bears the maintenance expenses when travel is generally permitted (i.e., when the route is safe). One view, held by Al-Hasan, Al-Nu'man, Al-Awza'i, Malik, Ishaq, Abu Thawr, and the Companions of Ra'y (Ahl al-Ra'y), states that the partner should spend from the capital money according to what is customary, since the travel is for the sake of the capital, making the maintenance akin to the wages of a porter.
Supporting text
The opposing view, held by Ibn Sirin, Hammad bin Abi Sulayman, and apparently the ظاهر (apparent meaning) of Al-Shafi'i's school, is that the maintenance is the responsibility of the managing partner, as it is personal to him, similar to maintenance during residence, medical fees, or the cost of medicine. Furthermore, since the partner is entitled only to the specified share of profit, receiving maintenance beyond that would grant him an extra benefit, potentially leading him to exclusively take back only his expenses if no profit is made.