The ruling on stipulating a share of the loss for the worker in a mudarabah
Machine translationRead the Arabic original
Question:
Some people take a sum of money and trade with it, saying to the owner of the money: “You get a share of the profit, and you also bear a share of the loss, even if the entire money is lost.” Is that permissible?
Answer:
No. The mudarib, who is the worker, does not bear the loss. The loss is on the owner of the capital. As for the profit, they are partners in it. However, if a share of the loss is stipulated for him, the stipulation is invalid and the mudarabah is invalid, because this stipulation has corrupted it. Yes.
Some people take a sum of money and trade with it, saying to the owner of the money: “You get a share of the profit, and you also bear a share of the loss, even if the entire money is lost.” Is that permissible?
Answer:
No. The mudarib, who is the worker, does not bear the loss. The loss is on the owner of the capital. As for the profit, they are partners in it. However, if a share of the loss is stipulated for him, the stipulation is invalid and the mudarabah is invalid, because this stipulation has corrupted it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم أخذ بعض الناس مبلغًا من المال ويتاجرون به ويقولون لصاحب هذا المال لك من الربح... — youtube.com
The Arabic text is a machine transcription of the audio recording.