Can the present partner pay the entire price and take possession of the entire slave?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The present partner does not have the right to pay the entire price and take possession of the entire slave. This is because the absent partner did not authorize the present partner to take possession of their share, nor did they authorize the seller to deliver that share to the present partner, just as if both had been present.
Supporting text
Abu Hanifa permits the present partner to pay the full price and take the entire slave.