The ruling on stipulating the return of the capital or the non-guarantee of it in a profit-sharing partnership
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, I gave a man money to trade with it, yes.
The Shaykh:
After the story, yes. They.
The questioner:
Honorable Shaykh, may Allah grant you success, I gave a man money to trade with it, and the profit is split in half. Is it my right to stipulate the return of the capital after a certain time, or is it permissible for him to stipulate that if my money is lost, I will not claim it from him?
The Shaykh:
No, that is not permissible. It is not permissible that if your money is lost, he says what they said. This is a condition that contradicts the essence of the partnership; this is not valid.
The questioner:
He says: Honorable Shaykh.
The Shaykh:
As for setting a time limit for the partnership with my money, for one year or two years, there is no harm in setting a time limit. However, if you stipulate that he stipulates with you the non-guarantee of the capital if it is lost, meaning guaranteeing it from the profit or not guaranteeing it from the profit, this is not permissible, because the profit is not valid except after the safety of the capital. As for him guaranteeing it from his own money, no, he does not guarantee it from his own money; he guarantees the capital from the profit, yes.
He says: Honorable Shaykh, may Allah grant you success, I gave a man money to trade with it, yes.
The Shaykh:
After the story, yes. They.
The questioner:
Honorable Shaykh, may Allah grant you success, I gave a man money to trade with it, and the profit is split in half. Is it my right to stipulate the return of the capital after a certain time, or is it permissible for him to stipulate that if my money is lost, I will not claim it from him?
The Shaykh:
No, that is not permissible. It is not permissible that if your money is lost, he says what they said. This is a condition that contradicts the essence of the partnership; this is not valid.
The questioner:
He says: Honorable Shaykh.
The Shaykh:
As for setting a time limit for the partnership with my money, for one year or two years, there is no harm in setting a time limit. However, if you stipulate that he stipulates with you the non-guarantee of the capital if it is lost, meaning guaranteeing it from the profit or not guaranteeing it from the profit, this is not permissible, because the profit is not valid except after the safety of the capital. As for him guaranteeing it from his own money, no, he does not guarantee it from his own money; he guarantees the capital from the profit, yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 061 من 123 / شرح كتاب زاد المستقنع / البيع / الوكالة / صالح الفوزان / الفقه / كبار العلماء — youtube.com (1:02:08)
The Arabic text is a machine transcription of the audio recording.