What is the ruling on the Mudarib selling on credit (nasi'ah) if the contract is silent (طلق) regarding the mode of sale?
General Chapter
Al-Mughni
Book of Partnership
Primary text
There is no disagreement that selling immediately for cash is permissible. However, regarding selling on credit, there are two narrations. The first narration holds that the Mudarib is not permitted to sell on credit without explicit permission. This is the position of Malik, Ibn Abi Layla, and Al-Shafi'i, as the Mudarib is a deputy in selling and selling on credit without explicit leave is prohibited, similar to a general agent, because a deputy should act with caution, and credit involves risk (taghrir) to the capital. The customary context implies selling for immediate cash.
Supporting text
The second narration permits selling on credit, following the view of Abu Hanifah and Ibn Aqil's selection. This is because authorization for trade and Mudarabah extends to customary trade practices, and selling on credit is customary among merchants, often yielding greater profit. This differs from general agency where the primary goal is securing the price immediately, implying urgent need for the cash, unlike Mudarabah where profit maximization is intended.