Does the non-selling partner have the right to share in the money received by the selling partner from the buyer if the latter paid the selling partner directly?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The partner may choose not to share and instead demand his entire due amount from the buyer. Alternatively, it is suggested that the partner does not have the right to share in what the seller collected, as each is entitled to the price of his specific share, which is not divisible, unlike inheritance where the cause of entitlement is indivisible. In this sale, the transaction is divisible, being equivalent to two separate contracts when two parties are involved, and the heir acts as a representative of the deceased, whereas here, the recipient takes for himself.
Supporting text
If sharing is affirmed, the partner who received the funds must swear that he has not fully received his due from the buyer. He then takes half of what he received from the receiver, and he demands the remainder from the buyer if the buyer also swears he has not paid him anything. The receiver cannot seek compensation from the buyer for what he took because he admits the buyer's liability regarding the partner's share is discharged, meaning the receiver took it unjustly and cannot shift the burden of his unjust act onto another.