If two partners are asked to allow a third party to partner with them, and only one partner agrees, what is the share of the third party?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If each of the two partners individually allowed the third person to partner with them, that person would receive half the item, and each original partner would retain a quarter. If they are asked jointly, 'Partner us in it,' and only one agrees, the third party receives half the share of the partner who agreed, which is one-quarter, according to one view. According to another view, the third party receives one-sixth, because the request for partnership from both implies a request for one-third of what each person holds so as to be equal to both.
Supporting text
If only one partner responds, the validity depends on the doctrine of agency by a non-owner (Tasarruf al-Fuduli). If it requires ratification from the non-agreeing partner, and ratification occurs, there is a dispute as to whether the third party receives half or one-third of the whole.