Is it permissible for one partner to marry off the female slave owned by the partnership?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 2 · Bab 1

Open in Qurani

Primary text

Neither the capital provider nor the managing partner has the right to marry off a female slave owned by the partnership because doing so diminishes her value. Likewise, a male slave cannot be contracted for manumission (muktabah) without mutual consent.

Supporting text

If both partners agree to the marriage or manumission of the slave, the action is valid because the right over the slave belongs entirely to both of them, and their mutual agreement validates actions concerning their joint property.