The ruling on not specifying the profit in a partnership contract
Machine translationRead the Arabic original
Question:
The Shaykh said: If the profit is not specified between them at the beginning, is it something invalid?
Answer:
If the profit is not specified in the contract, it is divided equally between them; because the default in a partnership is equality in entitlement. Allah the Exalted said:[An-Nisa 4:12] Its meaning is that they are equal: if they are ten, each one has one-tenth of the third; if they are five, each one has one-fifth of the third; if they are two, each one has half of the third. So if the partnership is left general between the people, it necessitates equality between the entitled parties. Yes.
The Shaykh said: If the profit is not specified between them at the beginning, is it something invalid?
Answer:
If the profit is not specified in the contract, it is divided equally between them; because the default in a partnership is equality in entitlement. Allah the Exalted said:
they share a third
فَهُمْ شُرَكَاءُ فِي الثُّلُثِ
Source
قناة «العلامة الدكتور صالح الفوزان»، 25 من 89|شرح العدة في شرح العمدة|البيوع|باب الشركة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:08:04)
The Arabic text is a machine transcription of the audio recording.
