Is it permissible for one partner to postpone the collection of their share of a joint, due debt?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 11 · Bab 1

Open in Qurani

Primary text

If the partners have a due debt, and one partner postpones demanding their share of the debt, it is valid. Abu Yusuf and Muhammad held this view. This is permissible because the partner has waived their right to demand collection, meaning one partner can act alone in this matter, similar to a release (ibra').

Supporting text

Abu Hanifa held that it is not permissible.