Question: Several brothers are joined in a customary partnership. One of them undertakes the expenses. Among them is their younger brother, newly married. Is it permissible for him to purchase, item after item, for his wife without seeking his brothers’ agreement? And may he take something for himself without permission—such as fruit juice—or offer something like that as a gift to a friend if he is put in such a situation? Please advise us, and peace.
Answer—and Allah is the One who grants success: Each of those sharing in a customary partnership may do what custom runs upon among those sharing in such a partnership. As for what custom has not established, it is not permissible except after obtaining permission.
Therefore, if the custom runs according to what occurred in the question, he does not need permission from the partners—for custom runs the course of authorization.
There may also be a specific custom for a particular household; in that case, acting according to it is required. What is closer to safety is that no one single out something for himself except after permission—or by way of a loan with the intention to repay, then let him repay if his partners do not absolve him. This is closer to the continuity of the partnership, mutual harmony, and safety from discord. In the hadith reported from Prophet (May Allah bless him and his family and grant them peace): “Allah’s hand is with two partners as long as they do not betray one another,” or as he (May Allah bless him and his family and grant them peace) said.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2