What is the legal consequence if the Mudarib sells on credit when he was permitted to do so, and the price is later lost?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If selling on credit is permitted, the sale itself is valid. The worker is not liable for the loss of the price unless he was negligent (tafrit) by selling to someone untrustworthy or unknown, in which case he becomes liable for the price that was broken (lost) from the buyer.
Supporting text
If selling on credit is prohibited (invalidating the sale), the sale is void, similar to a sale by a stranger, unless the view that the stranger's sale is subject to ratification (Ijazah) is applied here. An alternative view suggests the sale is valid because the text only mentions liability for loss (daman) and not the invalidity of the sale itself. In either case where loss occurs due to the Mudarib's negligence, liability for the price is imposed on the worker.