How is a dispute resolved between two partners regarding the return of a jointly purchased defective item?
General Chapter
Al-Mughni
Book of Partnership
Primary text
When partners disagree over returning a jointly purchased defective item, the partner demanding the return may return only their share, while the other partner may retain their share.
Supporting text
If the seller was unaware that the purchase was made on behalf of both partners, the seller is not obligated to accept the return of only a portion of the item. This is because the apparent nature of the contract suggests it was made for the person who executed the transaction, and causing harm to the seller by splitting the transaction upon them is not permissible.