The Difference in Earnings Between Partners in a Partnership of Labor
Machine translationRead the Arabic original
The questioner:
The Shaykh said: Two men partnered in loading goods on their backs. One of them earned one hundred and fifty riyals, while the other earned only fifty riyals. Are they to be combined?
The Shaykh:
Yes, they are combined, and the entitlement is according to what they stipulated. They share in what was obtained, even if one brought money and the other obtained nothing that day; he shares with his brother in what he obtained. The evidence is the story of Sa'd and Ibn Mas'ud, 'Ammar. Sa'd came with two captives, and his companions came with nothing, and they shared in them, because this is a general contract between them. Yes.
The questioner:
They say that if it is so, it is injustice to the first one.
The Shaykh:
Injustice? This is a contract. This is a contract[Al-Ma'idah 5:1] But if he sat and did not work, he has nothing. However, if he went out and exerted himself but obtained nothing, his complaint is to Allah. But if he sat and did not work and said, "By Allah, I am not going to work," he has nothing. But if he went out and exerted himself but obtained nothing, he shares in what was obtained. Yes.
The Shaykh said: Two men partnered in loading goods on their backs. One of them earned one hundred and fifty riyals, while the other earned only fifty riyals. Are they to be combined?
The Shaykh:
Yes, they are combined, and the entitlement is according to what they stipulated. They share in what was obtained, even if one brought money and the other obtained nothing that day; he shares with his brother in what he obtained. The evidence is the story of Sa'd and Ibn Mas'ud, 'Ammar. Sa'd came with two captives, and his companions came with nothing, and they shared in them, because this is a general contract between them. Yes.
The questioner:
They say that if it is so, it is injustice to the first one.
The Shaykh:
Injustice? This is a contract. This is a contract
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ
Source
قناة «العلامة الدكتور صالح الفوزان»، 25 من 89|شرح العدة في شرح العمدة|البيوع|باب الشركة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:14:02)
The Arabic text is a machine transcription of the audio recording.
