What share accrues when a party asks only one of two joint owners to partner them in half of an asset?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If someone asks one of two partners, 'Partner me in half of this slave,' and that partner agrees, and if the doctrine of ratification of a non-owner's action is applied and ratified by the other owner, the third party receives half the slave, and the two original partners retain the other half. If ratification is not required, the third party receives half the share of the partner who agreed.
Supporting text
If a person buys a slave and another asks, 'Partner me in this slave,' and the buyer replies, 'I have partnered you,' the third party receives half. If a second person then asks to be partnered, and they knew of the first partnership, the second person receives a quarter of the slave, which is half the share of the partner who agreed with them, as their request relates to what the first partner now owns, making the item shared between the first partner and the second person.