The working partner taking a salary for his work in the partnership
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. If there is a partnership between two people, and the capital is divided equally between them, and one of them is the one who does the work, and he takes a salary for his work, is there any objection to this?
Answer:
Yes. The one who works takes from the profit; he does not take a salary. He takes from the profit, as we have told you before, because if a specific amount is stipulated, the partnership becomes defective. So he takes from the profit. If he says, "I do a lot of work and I am compensated," we say: take an increase from the profit. Instead of taking half the profit, take three-quarters of the profit in exchange for your labor, provided that it does not contradict the agreement. So the increase is made from the profit, not from a salary or a fixed amount. This is not permissible. Yes.
Honorable Shaykh, may Allah grant you success. If there is a partnership between two people, and the capital is divided equally between them, and one of them is the one who does the work, and he takes a salary for his work, is there any objection to this?
Answer:
Yes. The one who works takes from the profit; he does not take a salary. He takes from the profit, as we have told you before, because if a specific amount is stipulated, the partnership becomes defective. So he takes from the profit. If he says, "I do a lot of work and I am compensated," we say: take an increase from the profit. Instead of taking half the profit, take three-quarters of the profit in exchange for your labor, provided that it does not contradict the agreement. So the increase is made from the profit, not from a salary or a fixed amount. This is not permissible. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الشفعة — islamhouse.com (1:01:46)
The Arabic text is a machine transcription of the audio recording.
