The ruling on giving a car to someone to work with it and guaranteeing it in the event of an accident

The questioner:
Honorable Shaykh, the questioner says: If I give another man a car to transport passengers, and the profit is shared between us as a partnership, and this man has an accident.

The Shaykh:
So what? Is it a mudarabah? You gave the car, and he is responsible for the work. Does it resemble a partnership of labor? He works the car, and you provide the car? Yes. There is no harm in that, and it is a partnership of labor, not a mudarabah. Yes.

The questioner:
Let each questioner speak.

The Shaykh:
Repeat the question.

The questioner:
The professor says: If I give another man a car to carry passengers.

The Shaykh:
Yes.

The questioner:
It is a blessed partnership between him and them.

The Shaykh:
No, it is not a mudarabah; this is a partnership of labor. Yes.

The questioner:
And this man had an accident, and the car was… who is liable? It is the car.

The Shaykh:
The default is that the item in the hands of the lessee is a trust. You entrusted it to him, so there is no liability on him unless he was negligent. If he was negligent or transgressed, then he is liable. But if he was not negligent and did not transgress, and the car was hit or something happened to it, the leased item is a trust in the hands of the worker, and he is not liable for it. Yes.