The Ruling on the Safadja of One Partner in a Partnership of Capital
Machine translationRead the Arabic original
Question : Yes.
Answer : And he does not mix it with his own money or the money of another, because it establishes rights in the money, and it is not of the trade that is permitted. And he does not take a safadja on it, nor give one, because there is risk in it. And he does not borrow on the money of the partnership, nor buy what he does not have. Beautiful. The safadja is that he gives him the money, for example, in Makkah and says, “Convert it for me in Madinah.” This is a safadja, and it appears that this word is not Arabic, but this is its meaning among the jurists. And the correct view is that it is permissible for him to take a safadja on it, because this may be safer for the money. The man, if he carried the money with him on the journey from Makkah to Madinah, the highway robbers might seize it. But if he took a safadja on it, he would be safe from them. And we have a broad principle that we should consider in this, and it is that every action that is in the interest of the partnership is permissible.
Answer : And he does not mix it with his own money or the money of another, because it establishes rights in the money, and it is not of the trade that is permitted. And he does not take a safadja on it, nor give one, because there is risk in it. And he does not borrow on the money of the partnership, nor buy what he does not have. Beautiful. The safadja is that he gives him the money, for example, in Makkah and says, “Convert it for me in Madinah.” This is a safadja, and it appears that this word is not Arabic, but this is its meaning among the jurists. And the correct view is that it is permissible for him to take a safadja on it, because this may be safer for the money. The man, if he carried the money with him on the journey from Makkah to Madinah, the highway robbers might seize it. But if he took a safadja on it, he would be safe from them. And we have a broad principle that we should consider in this, and it is that every action that is in the interest of the partnership is permissible.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4879] حكم السفتجة من أحد الشريكين في شركة العنان - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
