Conditions for one partner selling their share in stored foodstuff to the co-partner.

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 3 · Bab 1

Open in Qurani

Primary text

Imam Ahmad stated that if two partners are involved with stored foodstuff, and one wishes to sell their share to the other: if they do not know the exact measure (kail) of the stored item, the sale is permissible. However, if they know the exact measure, then re-measuring (kail) is necessary. The ruling is that if one knows the exact quantity of an item, they cannot sell it without measurement (sabra); but if they sell it based on its measure or weight, the transaction is valid.