What is the validity of a partner's acknowledgment (Iqrar) regarding partnership assets or debts?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 10 · Bab 1

Open in Qurani

Primary text

A partner cannot acknowledge a debt concerning the partnership capital; if they do, the obligation rests only upon the acknowledging partner and not their co-partner, whether acknowledging the asset itself or a debt. This is because the partner was only authorized for trade, and acknowledgment is not part of trade. However, if they acknowledge a defect in an item sold before their acknowledgment, it is accepted, similar to an agent acknowledging a defect on behalf of the principal. Similarly, acknowledging the remainder of the sale price, or charges like the caller's fee or the porter's fee, should be accepted, as these are consequential to trade and fall within the scope of disposition, like handing over the sold item or paying its price. If an item is returned due to a defect, the partner may accept the return. The partner may also grant compensation for the defect (arsh), deduct from the price, or delay payment due to the defect, as these actions might be more advantageous than returning the item.

Supporting text

If the partner grants a reduction in the initial price or cancels a debt owed to them by a debtor, it is binding only upon the acting partner and void regarding the co-partner, as this is a gratuitous act, permissible for oneself but not binding on the partner.