If two creditors have a joint claim against a debtor stemming from a single cause, can one creditor take a portion of the debt without the other's participation?
General Chapter
Al-Mughni
Book of Partnership
Primary text
When two individuals have a debt due to a single cause, such as a contract, inheritance, or consumption of property, and one of them receives a portion of it, the other partner has the right to co-claim that portion. The prevailing view is that any amount taken by one partner is considered taken from the joint holding, not exclusively as his own share. If the taking partner delays payment to the co-creditor or releases the debtor from the co-creditor's portion, it is permissible. If the amount taken perishes in the hands of the receiver, his right is established in what he received, and he does not guarantee it to his partner because the partnership existed originally in the debt.
Supporting text
A differing opinion, narrated from Ahmad, Abu al-'Aliyah, Abu Qilabah, Ibn Sirin, and Abu 'Ubayd, suggests that one partner can take his due without involving the other, and the other partner does not participate in what was taken. This view is supported by the concept that the right is established upon receipt, similar to specifying a share through release (ibra'). Furthermore, if the debt is taken from the debtor, the receiver does not owe anything back to the partner, as the right is established in one of the two avenues (debtor or partner). If the creditor delays his right, it is permissible as it is superior to outright relinquishment.