What is the measure of liability imposed on the working partner if the purchase, made without permission, results in the destruction of the partnership capital?
General Chapter
Al-Mughni
Book of Partnership
Primary text
There are two differing views regarding the amount the working partner must guarantee. The first opinion holds that he is liable for the asset's market value because ownership was established and subsequently destroyed, resembling direct destruction by his own action. The second opinion states he is liable for the purchase price because the negligence occurred through the act of purchasing and paying the price for the asset that was subsequently destroyed.
Supporting text
Abu Bakr holds that if the working partner was unaware that the asset was liable to be freed by the capital provider, he is not liable, analogous to purchasing a defective item without knowledge of the defect, which subsequently perished due to that defect. Furthermore, it is suggested that he should not be liable even if he was aware of the condition.