What is the ruling on selling a jointly owned slave when one share is usurped?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If a usurper seizes one partner's share of a slave, and the owner of the other share and the usurper subsequently sell the entire slave in a single transaction, the sale is valid only regarding the owner's share, and void regarding the usurper's share. This is because the transaction involving the owner and the usurper is considered two distinct contracts, as one contract with two parties constitutes two contracts.
Supporting text
If the partner authorizes the usurper, or the usurper authorizes the partner, to sell the entire slave in one transaction, the sale is void regarding the usurper's share. There are two narrations regarding the validity of the sale concerning the partner's share, contingent upon whether the transaction can be divided (tafriq as-safqah). If the usurper informs the buyer that he was authorized for the half share, the sale is valid for the authorized portion because it is treated as an individual contract.