Lending a car to a passenger carrier for a share of the profit and guaranteeing it

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

The Shaykh:
This is not a mudarabah. You lent the car, and he is responsible for the work. This resembles a partnership of labor, where he works the car and you provide the car. There is no harm in that, and it falls under the category of a partnership of labor, not a mudarabah.

The questioner:
The Shaykh’s case and the questioner’s statement.

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:
The profit is a doubled partnership between them.

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

The questioner:
And this man had an accident, and the car was destroyed. So who guarantees the car?

The Shaykh:
The default is that the item is in the possession of the lessee as a trust. You entrusted it to him, so he is not liable for guaranteeing it unless he was negligent. If he was negligent or transgressed, then he is liable for the guarantee. But if he was not negligent and did not transgress, and the car was struck or something happened to it, the leased item is a trust in the hands of the worker, and he is not liable for guaranteeing it. Yes.