Is a purchase by the Mudarib (partner using capital) of someone whom he is obligated to free valid?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The purchase made by the Mudarib of a person obligated to be freed by him is valid. If no profit has materialized in the capital at the time of purchase, nothing of that person is freed. If profit has materialized, there are two rulings based on when the working partner (Amil) gains ownership of the profit. If ownership is established upon division (qismah), nothing is freed because the profit was not yet owned. If ownership is established upon the appearance (dhuhur) of profit, the ruling differs.
Supporting text
If profit has appeared, one opinion holds that nothing is freed, as stated by Abu Bakr, because the worker's ownership is not complete, as the profit serves as protection for the principal capital. The second opinion, held by the Qadi and the school of Abu Hanifa, states that the person is freed to the extent of the worker's share in the profit if the worker is insolvent (mu'sir), and the remainder is covered by the worker if solvent (musir), because the worker acquired ownership through his actions. There is also a narration supporting the view of Abu Hanifa, where the worker must work to cover the remainder if insolvent.