Must the capital owner sell assets if the working partner demands a sale when profit has materialized upon contract termination?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the working partner demands the sale of assets but the capital owner refuses, and profit has appeared in the assets, the capital owner is compelled to sell. This is the position of Ishaq and Al-Thawri because the working partner's right is tied to the profit, which can only be ascertained through a sale. If no profit has materialized, the capital owner is not compelled to sell because the working partner has no right therein, and the owner agreed to this arrangement. This latter aspect aligns with the apparent position of the Shafi'i school.
Supporting text
Another view suggests that the capital owner is compelled to sell even without realized profit because a potential buyer might offer more than the current market value (thaman al-mithl), thus providing a benefit in which the working partner has a share. However, the primary ruling is that any potential increase due to a bidder occurs after the contract's dissolution, so the working partner has no claim to it.