What is the ruling when a purchaser agrees to a request for partnership without explicitly mentioning the price?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 6 · Bab 4

Open in Qurani

Primary text

If a person buys something and another says, 'Partner me in half for half the price,' and the buyer agrees, the partnership is valid. If the buyer says, 'Make me your agent (Wali) for what you bought at the price,' and agrees, it is valid, provided the price is known to both parties. If one party is ignorant of the price, the transaction is invalid, similar to selling based on an unknown markup.

Supporting text

If the request is simply 'Partner me in it' or 'Partnership in it,' and the response is 'I have partnered you,' it is valid if the price is known, as the term 'partnership' implies acquiring a fraction for its proportionate price, and 'Tulyah' implies acquiring it for the same price. If the specific term is used without mentioning the price, it defaults to the established implication.