What is the ruling on a profit-sharing partnership (mudarabah) for a fixed profit?
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Question:
The questioner says: A person asked me for thirty thousand Saudi riyals to invest in a shop, on the condition that he gives me two thousand riyals monthly, whether he makes a profit or a loss. He gives me this amount of two thousand riyals continuously. If he returns or something happens, he returns the full amount to me and guarantees that. Is this permissible?
Answer:
This is not permissible. Mudarabah is when you give money to someone to trade with it for a share of the profit. Between you two, if no profit is obtained, he has nothing and you have nothing, and the capital is returned to you when it ends. When the partnership contract ends, the capital is returned to you if it exists, or part of it, or if nothing is found, you have nothing. You have no claim on him. As for fixing a specific amount, this is not permissible; this is forbidden.
The questioner says: A person asked me for thirty thousand Saudi riyals to invest in a shop, on the condition that he gives me two thousand riyals monthly, whether he makes a profit or a loss. He gives me this amount of two thousand riyals continuously. If he returns or something happens, he returns the full amount to me and guarantees that. Is this permissible?
Answer:
This is not permissible. Mudarabah is when you give money to someone to trade with it for a share of the profit. Between you two, if no profit is obtained, he has nothing and you have nothing, and the capital is returned to you when it ends. When the partnership contract ends, the capital is returned to you if it exists, or part of it, or if nothing is found, you have nothing. You have no claim on him. As for fixing a specific amount, this is not permissible; this is forbidden.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم المضاربة مقابل ربح ثابت؟ لمعالي الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.