What is the effect of the dismissal (Azl) of one partner by the other?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If one partner dismisses the other, the dismissed partner is considered dismissed and may only transact within the limits of their own share. The dismissing partner retains the right to transact with the entirety of the partnership assets because the dismissed partner's permission for the dismissing partner has not been revoked.
Supporting text
This ruling applies when the partnership assets are fungible currency (Naad). If the assets are commodities (Ard), the view attributed to Al-Qadi, based on the apparent view of Ahmad, is that the dismissed partner does not cease to have authority upon dismissal. Rather, they retain the right to transact until the commodity is converted into fungible currency, similar to the case of a capital provider dismissing a Mudarib (profit-sharing manager). The correct action in this case is limited to selling the commodity, not exchanging it for another commodity or transacting in a way that does not convert it into currency.