Issue No.1837- If one of the partners dies, becomes insane, or mentally incompetent, other partners cannot continue to utilise the property held in the partnership. However, temporary unconsciousness is of no effect in it.
Issue No.1838- If a partner purchases an item on credit for himself, its profit or loss belongs to him. However, if he purchases it for the partnership in accordance with the partnership contract then it belongs to both.
Issue No.1839- If a transaction is concluded with the capital of the partnership, and it transpires later that the partnership was invalid, yet, if all the partners approve that transaction, it will be in order, and whatever is gained belongs to all of them, and those who have been working for the partnership may collect the wages for their services at the usual rate.
Issue No.1840- To Compromise means coming to terms with someone in the matters of dispute between them or issues that might lead to dispute or quarrel, by giving up a part of his own property, profit gained from it or his own right, or by waiving debt or rights, while the other may also do the same. This is called ‘to compromise in exchange for something’, and if it is done without claiming anything in return, it is called ‘to compromise not in exchange for something’, and both of these compromises will be in order.
Issue No.1841- A person who gives something to another person by way of compromise, should be mature and sane, and no one should have compelled him, and should have serious intention of making compromise, and he should also not be mentally incompetent (a person who uses his property wastefully), and he should not have been prevented by an Islamic judge from making use of his own property.
Issue No.1843- If a person wants to give up his claim from another person in exchange for something or for nothing by way of compromise, it will be in order in case the other side accepts it. However, if he wants to waive his claim or his right, the acceptance of the other party will not be necessary. And this is also a kind of compromise.
Issue No.1844- If a debtor knows the amount he owes, yet, he declares that he does not know, and his creditor does not know either so he makes compromise with the debtor for an amount less than what he owes him, it will not be in order, and the debtor will remain indebted to the creditor in respect of that extra proportion, unless the circumstances are such that even if the creditor had known the amount of debt, he would have made compromise for that very amount.
Issue No.1845- If two parties wish to make a compromise on two things of the same kind whose weight is known, the compromise will be in order if it does not entail usury. Therefore, the weight of one commodity should not be more than the other. If their weight is not known, and it is likely that one is more than the other, compromise is not allowed as an obligatory precaution.
Issue No.1846- A person who owes something to another who is supposed to get back the amount after a specified time, can compromise for a less amount, and get his money back sooner. For example, a creditor who expects to receive £1000.00 in six months relinquishes £100.00 of it with the consent of the debtor and gets the rest earlier.
Issue No.1847- A compromise contract can be revoked with the mutual consent of the parties involved. Moreover, if while concluding the agreement one or both of them are given the right to revoke the compromise, the person who possesses that right can revoke the compromise.
Issue No.1848- It was said in the rules of purchase and sale that the transaction could be revoked in eleven cases. A compromise can also be revoked in all these eleven cases, except in the case of khīyār al-majlis, khīyār al-ḥayawān and khīyār al-ta’khīr [1]. It means that after the compromise is concluded, and before they leave the place where the compromise was made, if one of the parties becomes remorseful, he will not have the right to revoke it. Similarly, in compromise on animals, he has no right to revoke the contract within three days. If a commodity is compromised for cash, but there is delay in the payment, the other party can revoke the compromise on the first day, and it is not necessary to wait for three days to pass.
Issue No.1849- A compromise can be revoked if the item received by means of compromise is defective and he was not aware of it. However, taking the difference of the price between the defective item and a sound one depends on the mutual consent of the two parties.
