Is it permissible for one of the partners in a barber shop to receive both a salary and a percentage of the profits?
It is permissible for a partner to receive a salary and a percentage of the profits if he performs additional work that exceeds that of his partner. He is entitled to a wage for his work and a percentage of the profits based on his share in the capital or as agreed upon, for the 'inan partnership does not stipulate equality in profit or capital.
If the partner works in the shop alongside the workers, he is entitled to a salary and a percentage of the profit.
However, requesting a percentage merely for his fame is not permissible if he does not own the shop or a recognized trade name, because it is not permissible to sell what one does not own or to dispose of what one does not possess. The Prophet, peace and blessings be upon him, said: "It is not permissible to combine a loan and a sale, nor two conditions in one sale, nor profit on what has not been guaranteed, nor to sell what you do not possess."
Accordingly, it is permissible for the partner to take a wage for his work and a percentage of the profit after deducting expenses if he is a partner with capital. However, if he is not a partner with capital, he is only entitled to a wage for his work.
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- Original fatwa ID
- 68131
- Imported
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