Is it permissible for one partner to sell their share of jointly purchased, unapportioned foodstuff to the other partner before division?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The transaction is subject to two possibilities. One view, held by Al-Hasan and Ibn Sirin, deems it impermissible because the selling partner has not taken exclusive possession (qabd) of their share, resembling property that has not yet been possessed. The alternative view permits the sale because the item is jointly possessed, and what is permissible to sell to a third party is permissible to sell to the partner, treating it like other assets.