The condition of returning the capital and the absence of a guarantee in a profit-sharing partnership
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, I gave a man money to be considered in it.
The Shaykh:
To proceed:
The questioner:
I gave a man money to trade with, and the profit is to be split in half. Is it my right to stipulate the return of the capital after a certain period, or is it permissible for him to stipulate that if he lends my money, I not demand it back from him?
The Shaykh:
No, this is not permissible. It is not permissible that if you lend your money, you do not claim it back. The condition contradicts the implication of the condition.
The questioner:
It does not exist. Yes. The duration. Thank you. With money. For a duration of one year, for a duration of two years.
The Shaykh:
There is nothing wrong with specifying a duration. If he stipulates that you are not required to guarantee the capital if it is lost, meaning that the guarantee is to be taken from the profit, that is not permissible, because the profit is not valid until the capital is safe. However, if he guarantees it from his own money, that is not what he is doing; he is guaranteeing it from the profit. He guarantees the capital from the profit, yes.
He says: Honorable Shaykh, may Allah grant you success, I gave a man money to be considered in it.
The Shaykh:
To proceed:
The questioner:
I gave a man money to trade with, and the profit is to be split in half. Is it my right to stipulate the return of the capital after a certain period, or is it permissible for him to stipulate that if he lends my money, I not demand it back from him?
The Shaykh:
No, this is not permissible. It is not permissible that if you lend your money, you do not claim it back. The condition contradicts the implication of the condition.
The questioner:
It does not exist. Yes. The duration. Thank you. With money. For a duration of one year, for a duration of two years.
The Shaykh:
There is nothing wrong with specifying a duration. If he stipulates that you are not required to guarantee the capital if it is lost, meaning that the guarantee is to be taken from the profit, that is not permissible, because the profit is not valid until the capital is safe. However, if he guarantees it from his own money, that is not what he is doing; he is guaranteeing it from the profit. He guarantees the capital from the profit, yes.
Source
شرح زاد المستقنع [55] — alfawzan.live (1:10:35)
The Arabic text is a machine transcription of the audio recording.
