Regarding the sale of a jointly owned slave: If one partner sells the slave with the other's permission for a specified price, and the seller claims not to have received the price, while the buyer claims payment, and the non-selling partner confirms the buyer's claim, who bears responsibility for the price?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If one partner sells a slave jointly owned by two parties with the permission of the other, and the seller denies receipt of payment, but the buyer claims payment and the non-selling partner verifies the buyer's claim, the buyer is absolved from paying half of the price. This is due to the non-selling partner's admission that the seller's agent (the selling partner) received his share of the right. The dispute then remains between the seller, his partner, and the buyer.
Supporting text
If the non-selling partner sues the selling partner claiming receipt of his share of the price, the selling partner's assertion, coupled with an oath, is accepted if the claimant lacks evidence. If the claimant possesses evidence, judgment is given based on it. The buyer's testimony in favor of the selling partner is not accepted as it accrues a benefit to the witness.