What is the ruling on transactions involving prohibited items within a partnership involving a non-Muslim?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a partner uses partnership funds to purchase wine or swine, the transaction is void and the responsible partner must bear the guarantee. This is because the agent's contract reflects on the principal, and the Muslim cannot establish ownership over wine or swine, similar to purchasing carrion or engaging in usury.

Supporting text

If the nature of their dealings is hidden and unknown, the default ruling is permissibility and lawfulness.