Is the managing partner entitled to maintenance for the return journey after the capital owner retrieves the capital during the trip?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the capital owner meets the partner during the journey, whether at the agreed-upon destination or elsewhere, and reclaims the capital after the business has concluded, the partner is not entitled to maintenance for the return journey. This is because the right to maintenance exists only while the partnership contract is active, which has now ceased. Consequently, if the partner dies, the cost of his burial is not obligatory.
Supporting text
An alternative view suggests the partner is entitled to the return journey maintenance, based on the assumption that the owner's permission to travel implicitly included the cost of returning, and denying it would cause harm to the partner who set out based on that implicit understanding.