What is the ruling when two individuals purchase a slave, one is absent, and the present partner demands possession of their share?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The present partner has the right to demand possession of their share of the purchased slave. This is supported by the principle that the partner demanded their share, which must be granted, just as if each partner had been obligated separately. The reasoning of the dissenting opinion is invalidated by this scenario.
Supporting text
Abu Hanifa holds that the present partner does not have this right because it is impossible to deliver the share without delivering the absent partner's share, and the present partner cannot deliver the absent partner's share without that partner's permission.