What is the ruling if the present partner takes possession of the entire slave after paying the full price without the absent partner's consent, and the slave subsequently perishes?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the slave perishes after the present partner takes possession without authorization, the absent partner may hold either the deliverer (the seller) or the receiver (the present partner) liable for compensation. The deliverer is liable because they disposed of another's property without permission. If the absent partner holds the receiver liable, the receiver cannot seek recourse against anyone because the destruction occurred while the property was in their possession, thus establishing liability upon them. If the deliverer is held liable, the deliverer may seek recourse against the receiver.
Supporting text
If the receiver is held liable for the loss, they do not have recourse against the deliverer because the loss occurred while the property was in the receiver's possession, establishing the final liability there.