Is the purchase by the Mudarib of an obligated-to-be-freed person valid if it occurs after profit has appeared?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 3 · Bab 1

Open in Qurani

Primary text

The ruling of Al-Shafi'i holds that if the purchase occurs after the appearance of profit, it is invalid in one of his two views, because this leads to the working partner finalizing his right before the capital provider.

Supporting text

The principal view maintains validity because both parties are partners (shuraka'), and thus the purchase by one partner of someone obligated to be freed by him is valid, similar to partners in a 'Inan partnership.