Is partnership (shirka), Tulyah (selling at cost price), or assignment (hawala) permissible concerning items requiring possession before that possession is actually taken?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
Abu Hanifa and Al-Shafi'i hold that these transactions are invalid before possession is taken. The justification is that these actions constitute types of sale, falling under the general prohibition against selling foodstuff before it is fully received. Specifically, partnership involves selling a portion for its proportionate price, and Tulyah involves selling the entirety for the same price. Furthermore, it involves transferring ownership to someone other than the debtor, resembling a sale. It differs from rescission (Iqala) because Iqala is the annulment of a sale, akin to returning goods due to a defect.
Supporting text
Malik permits all these transactions concerning foodstuff before possession because these transactions are exclusive to items valued like the initial price, thus they are permissible before possession, similar to Iqala.