My partner said to me: Give me my share of the capital and the profit, along with an additional amount, and leave the shop to you. Is this sale permissible?
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Question:
Abu 'Abd al-Rahman says: I am a partner with another person in a shop, and we share the work, capital, profit, and loss equally. Today, my partner is telling me: either you take an amount of money in addition to your share of the capital and profit and leave the shop, or you give me this amount in addition to my share of the capital and profit and I will leave the shop. I agree, but I am afraid that there may be riba (usury or interest) in this matter. What is your guidance? May Allah reward you with good.
Answer:
If you both agree to end the partnership and determine what belongs to each of you, and one of you takes an amount of money in exchange for leaving the partnership, and it is for only one of you, then there is no harm in that. This is a form of settlement (sulh). In fact, the Prophet (peace and blessings be upon him) said:Sunan al-Bayhaqi 6:54 This is a permissible settlement, praise be to Allah, because it is for the purpose of ending the partnership. Yes.
Abu 'Abd al-Rahman says: I am a partner with another person in a shop, and we share the work, capital, profit, and loss equally. Today, my partner is telling me: either you take an amount of money in addition to your share of the capital and profit and leave the shop, or you give me this amount in addition to my share of the capital and profit and I will leave the shop. I agree, but I am afraid that there may be riba (usury or interest) in this matter. What is your guidance? May Allah reward you with good.
Answer:
If you both agree to end the partnership and determine what belongs to each of you, and one of you takes an amount of money in exchange for leaving the partnership, and it is for only one of you, then there is no harm in that. This is a form of settlement (sulh). In fact, the Prophet (peace and blessings be upon him) said:
(peace and blessings be upon him) said: Settlement is permissible among Muslims, except for a settlement that makes the forbidden lawful or the lawful forbidden.
صلى الله عليه وسلم الصلح جائز بين المسلمين إلا صلحا أحل حراما أو حرم حلالا،
Source
قناة «العلامة الدكتور صالح الفوزان»، قال لي شريكي: أعطني نصيبي من رأس المال والربح مع مبلغ إضافي وأترك لك الدكان فهل يجوز هذا البيع؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
