What is the ruling on a partnership between two men in a commercial project, where one of them bought the equipment and supplies alone due to the other's inability, and the second partner refused to work? Is this partnership considered valid? Is the partner who did not provide capital, did not work, and did not contribute to losses entitled to half the profit in addition to a fixed monthly amount, or is his right limited to the rent of the equipment? Should a plot of land bought by the capital provider from the project's profits be divided equally between them?
What you mentioned, that one partner has a larger share than the other in the company's capital, is not problematic. The profit is divided according to their agreement, even if their financial shares differ.
However, if one partner stipulates a fixed amount every month in addition to half of the annual profit, this invalidates the partnership contract if it was stipulated at the time of the contract. If the partnership is invalidated, profit and loss are distributed according to their respective capital contributions, and the working partner is entitled to a fair wage (اجر المثل).
If the partner with the larger share paid taxes and lawyer fees from the company's funds, this is permissible and there is no issue. If he paid from his personal funds, he has the right to reclaim what he paid from the company.
As for purchasing the adjacent piece of land, if he bought it for the project, it becomes the property of the project, and he can reclaim what he paid. If he bought it for himself, he has the right to it, provided he returns what he took from the project's funds or considers it as part of his share of the profit or capital.
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- Source platform
- Ftawy
- Original fatwa ID
- 86220
- Imported
- Translation status
- Source text, unreviewed
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