The ruling on a partnership in which one of the partners receives a fixed amount
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The ruling on a partnership in which one of the partners receives a fixed amount
Your Eminence! A person brought in a worker and placed him in the shop, providing him with housing and sustenance, opening the shop for him, and bearing the rent.And he said: You work and give me, for example, a percentage of one thousand or two thousand riyals per month?
No, it is not a percentage of one thousand or two thousand;The percentage is to say: you give me a quarter or half of the profit.
As for not specifying an amount for him,For example: allocating a thousand to him,He says: and I want a thousand or two thousand from you per month, and the rest is yours.
So the answer is: First: this is not permissible because it violates the regulations, and if the regulations do not contradict the Shari'ah, their implementation is obligatory by the command of Allah (Mighty and Majestic),because of His saying, the Exalted: [al-Nisa:59] and the negligence of some people regarding regulations that do not contradict the Shari'ah is a trial, and it is a sin that many people do not realize.Meaning: A person does not realize that if he violates the regulations, he is disobedient to Allah, and if he persists, he is persisting in disobedience.
This is one point.
Second: Specifying a certain amount is not permissible; because it involves excessive uncertainty and ignorance, as the worker may receive the two thousand that his sponsor estimated for him, or he may receive four thousand or five thousand, or he may receive nothing, so the matter involves ignorance and gambling, and it is not permissible.
So this transaction is forbidden from two aspects: The first aspect: violating the regulations.
The second aspect: Violating the Shari'ah; because it involves ignorance and gambling.
The questioner: And if he says: half and half?The Shaykh: It remains a violation of the regulations,But many sponsors say: if we gave him the wage we agreed upon for playing and not working,We say: make it a reward for him,You say, for example: if he completes such and such, then you get such and such, let us suppose he is a tailor,We say: your wage is five hundred riyals as agreed in the contract, and you get two riyals for each garment, for example, or three or ten.
Your Eminence! A person brought in a worker and placed him in the shop, providing him with housing and sustenance, opening the shop for him, and bearing the rent.And he said: You work and give me, for example, a percentage of one thousand or two thousand riyals per month?
No, it is not a percentage of one thousand or two thousand;The percentage is to say: you give me a quarter or half of the profit.
As for not specifying an amount for him,For example: allocating a thousand to him,He says: and I want a thousand or two thousand from you per month, and the rest is yours.
So the answer is: First: this is not permissible because it violates the regulations, and if the regulations do not contradict the Shari'ah, their implementation is obligatory by the command of Allah (Mighty and Majestic),because of His saying, the Exalted:
O you who have believed, obey Allah and obey the Messenger and those in authority among you
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْThis is one point.
Second: Specifying a certain amount is not permissible; because it involves excessive uncertainty and ignorance, as the worker may receive the two thousand that his sponsor estimated for him, or he may receive four thousand or five thousand, or he may receive nothing, so the matter involves ignorance and gambling, and it is not permissible.
So this transaction is forbidden from two aspects: The first aspect: violating the regulations.
The second aspect: Violating the Shari'ah; because it involves ignorance and gambling.
The questioner: And if he says: half and half?The Shaykh: It remains a violation of the regulations,But many sponsors say: if we gave him the wage we agreed upon for playing and not working,We say: make it a reward for him,You say, for example: if he completes such and such, then you get such and such, let us suppose he is a tailor,We say: your wage is five hundred riyals as agreed in the contract, and you get two riyals for each garment, for example, or three or ten.