The ruling on combining a salary with a percentage of profit for a worker
Machine translationRead the Arabic original
Question:
And regarding the legislation of this, what is the ruling on combining a monthly salary with a percentage for the worker?
Answer:
What qualifies as a mudarabah (profit-sharing partnership) is that the work comes from one party and the capital from another, and the profit is divided between them by a percentage—whether a quarter, a tenth, or a fifth. That is the mudarabah. But if he takes a salary and also takes a percentage of the profit, that is no longer a mudarabah; it becomes an ijarah (lease or hire contract). This becomes an ijarah; the worker becomes a hired employee. If he takes a salary, he becomes an employee and not a partner, so he has no right to anything except his salary.
And regarding the legislation of this, what is the ruling on combining a monthly salary with a percentage for the worker?
Answer:
What qualifies as a mudarabah (profit-sharing partnership) is that the work comes from one party and the capital from another, and the profit is divided between them by a percentage—whether a quarter, a tenth, or a fifth. That is the mudarabah. But if he takes a salary and also takes a percentage of the profit, that is no longer a mudarabah; it becomes an ijarah (lease or hire contract). This becomes an ijarah; the worker becomes a hired employee. If he takes a salary, he becomes an employee and not a partner, so he has no right to anything except his salary.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، بداية من باب الصلح — islamhouse.com (13:47)
The Arabic text is a machine transcription of the audio recording.