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Am I obligated to pay the partners' shares from my own money if the court ruling is delayed, knowing that I gave my former partner a promissory note for an amount due to us, and he has not fully paid me back the trust, and the Fatwa Council in my country has advised me to await the court ruling?

1 min readAlso available in العربية

The hand of the partner over the Mudarabah (profit-sharing) capital is a hand of trust; thus, he is not liable unless there is transgression or negligence. Scholars have differed regarding the ruling on a Mudarib (managing partner) selling on credit without the permission of the capital owner. The Hanafis and Hanbalis held it permissible, while the Shafi'is and Malikis held it impermissible unless with the capital owner's permission, and this is the more preponderant view. Accordingly, if you sold the goods on credit without explicit or implicit permission from the partners, you are liable. If you do not have the means to pay now, they are obligated to grant you respite, for Allah the Almighty says: "And if there is one in adversity, then [let there be] a delay until [a time of] ease." However, if the sale on credit was with their permission, then you are not liable, and they must wait until the court rules.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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