And nothing remains for the one who made him a partner, because he asked him for half of the slave, and he answered him to that effect. It is as if he said to him (13): "Sell me half (14) of this slave," and he said: "I have sold it to you." This is the opinion of al-Qadi. The second [view] is that his statement: "I have made you a partner in it," is directed toward half of his share and half of his partner's share, so it takes effect regarding half of his share, and is suspended regarding the excess upon the permission of his companion according to one of the two narrations; because the term "partnership" implies selling a portion of his share and the equality of the purchaser to him. If he sold all of his share, it would not be a partnership, and it would not fulfill (16) what was requested of him. The third [view] is that the second [person] has nothing but a quarter in any case; because the partnership is only established by the statement of the seller: "I have made you a partner." For that is the offer transferring ownership, and he is aware that he has nothing but half the slave, so his offer is directed toward half of his ownership. According to these two views, the seeker of the partnership has the option; because he only requested half, and he did not obtain the whole of it, unless we say it is suspended upon the permission [of the other], as in the second view, so the other permits it. It is also possible that the partnership is not valid at all; because he requested the purchase of half, and he was answered regarding a quarter, so it is in the position of one who said: "Sell me half of this slave," and he said: "I have sold you a quarter of it."

Section: If he bought a qafiz of food and took possession of half of it, and a man said to him: "Sell me half of this qafiz," and he sold it to him, it is directed toward the entire half that was taken into possession; because the sale is directed toward what is permissible for him to sell, which is the half that was taken into possession. If he said: "Make me a partner in this qafiz for half the price," and he did so, the partnership is not valid except regarding what he took into possession of it, so the half taken into possession is between them, with each of them having a quarter of it in proportion to its share of the price; because partnership entails equality. This is how al-Qadi mentioned it. The correct [view], if Allah the Exalted wills, is that the partnership is directed