What is the ruling if the Mudarib purchases an item on credit (in his personal liability, al-dhimmah) for more than the customary price?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the Mudarib purchases on credit, the transaction is binding only upon the Mudarib, and not upon the capital provider, unless the capital provider ratifies the transaction, in which case it becomes binding upon him.

Supporting text

This is the apparent view found in the statement of Al-Khiraqi. Al-Qadi holds differently: if the purchase is unrestricted (not specifying for whom), the ruling is the same as above. However, if the Mudarib explicitly tells the seller, 'I am buying this for so-and-so (the capital provider),' then the sale is also void.