What are the permissible actions if a partner is told to 'Act according to your opinion' (I'mal bi-ra'yik)?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 18 · Bab 1

Open in Qurani

Primary text

If a partner is told to 'Act according to your opinion,' they are permitted to engage in everything that falls under trade, including investing in goods (ibda'), Mudarabah with the capital, forming sub-partnerships, mixing it with personal wealth, traveling with it, depositing it, selling on credit, mortgaging, taking collateral, Iqala, and similar actions. This is because the principal delegated the judgment concerning the disposition required by the partnership, making all trade-related actions permissible.

Supporting text

Actions that constitute retention without compensation, such as gifts (hiba), unjustified price reductions (hattita), loans (qard), manumission, contracting manumission for slaves, or marrying them off, are not permitted, as delegation was only for judgment in trade matters, and these actions do not fall within trade.