What is the legal standing of a purchase made by the working partner without permission when the purchase price is a specific existing item of the partnership capital?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the purchase price is an existing item of the capital, it is probable that the purchase is invalid because the working partner bought something he was not entitled to buy, analogous to purchasing something at a price exceeding its value. Furthermore, permission granted for Mudarabah is understood to apply only to what can typically be sold for profit, not extending beyond that scope.