What is the recourse between partners after the Zakat collector takes the due amount from one partner's share?
Chapter on Zakat on Sheep
Al-Mughni
Book of Zakat
Primary text
Once the collector takes the prescribed Zakat amount from the wealth of one partner, that partner must seek reimbursement from their co-partner according to the proportion of their share relative to the value of the amount taken. For instance, if one partner owns one-third and the other two-thirds, and the collector takes the due amount from the owner of the one-third share, the owner of the one-third must recover two-thirds of the value paid from the other partner. Conversely, if taken from the other partner, the reimbursement sought from the first partner is one-third of the value paid.
Supporting text
If the partners dispute the amount of reimbursement, the statement of the partner against whom recourse is sought (the one required to pay back) is accepted, provided they take an oath, because this partner is considered a guarantor (Gharim), similar to a usurper whose statement regarding the value of destroyed goods is accepted when there is no evidence.