What is the procedure if the third partner arrives later and finds one of the other partners present while the second partner is absent?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the third partner arrives and finds one of his partners present, he takes one-third of what is in the hand of the present partner, as this represents his rightful share. If the judge rules in favor of the third partner against the absent partner, the third partner takes one-third of what is in the hands of the other partner as well. If the judge does not rule, the third partner must wait for the absent partner to return, as his absence is considered a valid excuse.