Is a partnership valid if the capital provider's enslaved person (ghulam) works alongside the agent?
General Chapter
Al-Mughni
Book of Partnership
Primary text
It is valid that the capital provider's enslaved person works with the agent. This aligns with the apparent position of Al-Shafi'i and the majority of his school. The reasoning is that the labor of the enslaved person belongs to the master (the capital provider), so incorporating that labor is permissible, analogous to incorporating an animal belonging to the master for use in the venture.
Supporting text
Some scholars prohibit this arrangement, which is the position of Al-Qadi, because the hand of the enslaved person is considered the hand of the master. Abu Al-Khattab presented two views, one affirming permissibility based on the ownership of the labor.