The ruling on one partner appointing an agent in a partnership of capital
Machine translationRead the Arabic original
Question : And whether he has the right to appoint an agent is a matter of disagreement between the two narrations regarding the agent, because he is an agent, and if one of them appoints an agent, the other has the right to dismiss him.
Answer : The correct view is that he has the right to appoint an agent. The difference between him and a mere agent is that a mere agent has no share in the money for which he is appointed, whereas this person is a partner who has a share. Therefore, he will not appoint an agent unless he sees a benefit in doing so. For this reason, we say that it is permissible for one of the partners in a partnership of capital to appoint an agent, whether he sought his partner's permission or not.
Answer : The correct view is that he has the right to appoint an agent. The difference between him and a mere agent is that a mere agent has no share in the money for which he is appointed, whereas this person is a partner who has a share. Therefore, he will not appoint an agent unless he sees a benefit in doing so. For this reason, we say that it is permissible for one of the partners in a partnership of capital to appoint an agent, whether he sought his partner's permission or not.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4876] حكم توكيل أحد الشريكين في شركة العنان - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
