How is the selling price of a commodity divided when co-owners sell it jointly after acquiring unequal shares?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
When two individuals purchase halves of an item for differing amounts (one for ten and the other for twenty), and subsequently sell the entire item for a single price through negotiation (*musāwamah*), the selling price is divided equally between them, half for each, as there is no known disagreement on this ruling. The selling price is considered compensation for the sold item, and thus must be divided according to their ownership shares in the item. This applies equally if the sale is conducted via *murābaḥah*, *mawāḍaʻah*, or *tawliyah*. This view is explicitly stated by Ahmad, and it aligns with the opinions of Ibn Sīrīn and al-Ḥakam. The rationale is that since their ownership in the sold item is equal, their share in its compensation must also be equal, just as in a negotiated sale.
Supporting text
A secondary narration attributed to Ahmad suggests the selling price should be divided according to the original capital invested by each partner (the cost price). This is based on the premise that a *murābaḥah* sale implies the selling price corresponds directly to the capital investment. However, the established view maintains equality based on the current ownership of the asset.