What recourse does the Rab al-Mal have if the Al-'Amil dies or becomes insane, and the Rab al-Mal does not wish to commence a new contract with the heir?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the Al-'Amil dies or becomes insane and the Rab al-Mal chooses not to commence a new contract, the heir has no authority to buy or sell. This is because the Rab al-Mal only consented to the judgment of his now-deceased partner. If the Rab al-Mal does not consent to the heir selling the assets, the matter must be referred to the judge (Hakim) for him to conduct the sale.