If the buyer claims that the non-selling partner received the price from him, and the seller confirms this, what is the implication regarding the buyer's liability?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the buyer claims the non-selling partner received the price, and the seller confirms this, the matter is examined based on whether the seller authorized his partner to receive the payment. If authorization was given, the situation is the same as if the seller received it. If authorization was not given, the buyer's liability for the price is not discharged because the seller did not appoint his partner as an agent for receipt; therefore, the partner's receipt does not bind the seller, nor does it discharge the buyer, similar to payment made to a stranger.
Supporting text
The buyer's statement against the non-selling partner is not accepted if the partner denies it. The seller is only entitled to claim his determined share because he admits his partner received his share. The buyer must pay his share to the partner, and no trustee is needed as the buyer acknowledges the partner's right remains. If payment is made to the partner, the buyer's liability is not discharged. If the partner receives his share, his co-owner (the seller) shares in what was received, as the debt is established for both based on a single cause, similar to an inheritance.