Discussion on the rulings of mudarabah in some companies?
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The questioner : He partnered with one person and dissolved the company. They agreed that he would pay... he only paid five hundred, so I said: he should pay the thousand and three hundred. He said: No, we dissolved the whole company, but he went with them with about four or five witnesses.
The Shaykh : I mean, the mudarabah was on the five hundred.
The questioner : It appears to be a partnership of labor and capital.
The Shaykh : Excuse me, the mudarabah.
The questioner : But he did not fulfill it.
The Shaykh : Pardon me.
The questioner : He did not fulfill the capital.
The Shaykh : Excuse me, was the mudarabah on the five hundred?
The questioner : No, a thousand and three hundred.
The Shaykh : That was the agreement, but practically the mudarabah was on the five hundred?
The questioner : Yes, on the five hundred, to the point that he deducted, we also borrowed a hundred from the five hundred; it became four hundred after two or three months.
The Shaykh : Okay; and what is the dispute now?
The questioner : The dispute is that they dissolved the company, that they did not give me the amount, we dissolved it. We told him: let us complete and pay and continue. He said: No, we dissolved it, the intention changed.
The Shaykh : No problem, Professor, but what is the dispute now?
The questioner : The dispute is that the company has financial requirements for the first party and the second party is demanding from each other.
The Shaykh : We need to see what each one is demanding from the other.
The questioner : I mean, for example, they say: the months we worked, the profits were distributed, about a thousand and a thousand, but he was not a partner in the full sense, so here is the dispute. We need to consider whether the four hundred and five hundred have a share in the company, or whether he is a mudarib with his labor?
The Shaykh : Professor, are you saying: the mudarabah operation was with a thousand?
The questioner : Capital and labor.
The Shaykh : Yes?
The questioner : The original mudarabah was capital and labor together; meaning it had both aspects, labor and capital.
The Shaykh : Please, wait for me to understand you.
The questioner: Yes.
The Shaykh : Now there are three pictures in my mind: the first picture: they agreed on a thousand and five hundred.
The questioner : A thousand and three hundred was the capital of the company, meaning the first party pays the second party a thousand and three hundred so that he would make him a partner in the shop that belongs to him.
The Shaykh : My brother, I am telling you: wait for me!
The questioner : Yes.
The Shaykh : I did not speak yet.
The questioner : Ah, you need to speak.
The Shaykh : I am telling you: now in my mind from your words, there are three stages.
The questioner: Yes.
The Shaykh : The first stage: the basis of the agreement was on a thousand and three hundred.
The questioner: Yes.
The Shaykh : Okay; wait, wait, wait, may Allah guide you, I am telling you: wait for me so I can finish what is in my mind, I am telling you: now in my understanding from your words, this company went through three stages.
The questioner: Yes.
The Shaykh : So listen to me, the third stage, do you have patience?!
The questioner : Yes, yes, I have patience.
The Shaykh : Okay; may Allah reward you with good, but you are not treating me with patience!
The questioner : Some of the brothers are talking, I am not hearing you.
The Shaykh : In any case.
The questioner: Please proceed.
The Shaykh : Can you silence them, or how is the situation?!
The questioner: Yes.
The Shaykh : Okay; the first stage: they agreed on a thousand and three hundred and practically it was not executed, correct?
The questioner: Yes.
The Shaykh : That first stage is gone. The second stage: the man paid five hundred, then he withdrew a hundred from the five hundred, so four hundred remained.
The questioner: Yes.
The Shaykh : Okay; the third stage that I understood from you: that the company operated on a thousand, and my question is: where did the remaining four hundred that became a thousand come from? I am done with what I have.
The questioner: Yes.
The Shaykh : Where did it come from?
The questioner : The four hundred came from the second party who brought the shop owner as a partner on the basis that the capital is a thousand and three hundred, each one has a thousand and three hundred, and they share?
The Shaykh : Subhan Allah! Now there is a three-way partnership?
The questioner : No, no, he is the shop owner who brought another person as a partner, that is the third stage that you mentioned.
The Shaykh : My brother, now there are three.
The questioner : No, with a second party...
The Shaykh : The shop owner.
The questioner : And the partner.
The Shaykh : The shop owner and the first partner.
The questioner : But.
The Shaykh : The shop owner and the first partner who did not fulfill the agreement!
The questioner : This is the same last one, the third turn for the same first partner.
The Shaykh : I mean, the first partner, after he fell short in executing the agreement and he paid five hundred then he took back a hundred from them, he remained with four hundred, then in the end he paid an extra amount?
The questioner : No, no, from here because he neglected the full payment, he said to him: I dissolved it - the same partner, the shop owner.
The Shaykh : My brother, I understood all this, but in your words it became that later the mudarabah was on a thousand; where did the six hundred above the four hundred come from?
The questioner : Maybe I did not clarify it for you! I mean, there are two men, one has a shop, he said to him: we will make you a partner in exchange for a thousand and three hundred dinars you pay.
The Shaykh : Okay; shall I repeat to you the story I understood from you?
The questioner: Yes.
The Shaykh : This shop owner agreed with a man that he would pay him a thousand and three hundred, but he only paid him five hundred, then he withdrew a hundred from the five hundred, only four hundred remained.
The questioner: Yes.
The Shaykh : Okay; then what happened?
The questioner : They disagreed and fought and dissolved from the shop, the shop owner dissolved from the shop. He said to him: you made a fool of me, and there was a dispute, so they brought me in to end the dispute.
The Shaykh : Okay; is there nothing else, I mean?
The questioner : No, my opinion was to complete and finish the company, so that if there is a settlement, each one’s right with the other is clearly defined.
The Shaykh : No problem, but the partner, the shop owner, is not satisfied.
The questioner : He does not want to, he says: he cannot be satisfied with me, that is it.
The Shaykh : That is it, therefore this solution is not a practical solution; as long as one of the partners is not satisfied, what is important now?
The questioner : We need the rights of each one.
The Shaykh : Okay; so the practical mudarabah, in my understanding, proceeded on the basis of four hundred.
The questioner : Practically four hundred.
The Shaykh: All right.
The questioner : For example, in two months five hundred.
The Shaykh : How?
The questioner : I mean, for example, they started in one month of the year.
The Shaykh : Yes.
The questioner : And they paid the five hundred, from two months he took back a hundred from the five hundred, on what basis? I will return it to you again.
The Shaykh : Okay; do they have recordings, or without recordings?
The questioner : I am not hearing.
The Shaykh : Do they have a recording of what comes in as profit or loss - may Allah forbid?
The questioner : ... recorded.
The Shaykh : Recorded.
The questioner: Yes.
The Shaykh : So they must clarify, when the partnership was on five hundred for a period of two months as you say, they will see what the profit was in these two months; at that time they divide the profit between them according to the agreement, half and half, or quarter and quarter, then when the man withdrew the hundred and four hundred remained, they will also make an account with the four hundred of what they profited, and they divide according to the agreement, half or quarter, this is the solution.
The questioner : Yes, may Allah bless you, why did I ask you? Because they brought one of the brothers as a party, and some of the doctors told him: the company was dissolved, and this is becoming effective, I said to him: what is the evidence for the dissolution of the company?
The Shaykh : Yes.
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : May Allah reward you with good.
The Shaykh : You are welcome.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh : I mean, the mudarabah was on the five hundred.
The questioner : It appears to be a partnership of labor and capital.
The Shaykh : Excuse me, the mudarabah.
The questioner : But he did not fulfill it.
The Shaykh : Pardon me.
The questioner : He did not fulfill the capital.
The Shaykh : Excuse me, was the mudarabah on the five hundred?
The questioner : No, a thousand and three hundred.
The Shaykh : That was the agreement, but practically the mudarabah was on the five hundred?
The questioner : Yes, on the five hundred, to the point that he deducted, we also borrowed a hundred from the five hundred; it became four hundred after two or three months.
The Shaykh : Okay; and what is the dispute now?
The questioner : The dispute is that they dissolved the company, that they did not give me the amount, we dissolved it. We told him: let us complete and pay and continue. He said: No, we dissolved it, the intention changed.
The Shaykh : No problem, Professor, but what is the dispute now?
The questioner : The dispute is that the company has financial requirements for the first party and the second party is demanding from each other.
The Shaykh : We need to see what each one is demanding from the other.
The questioner : I mean, for example, they say: the months we worked, the profits were distributed, about a thousand and a thousand, but he was not a partner in the full sense, so here is the dispute. We need to consider whether the four hundred and five hundred have a share in the company, or whether he is a mudarib with his labor?
The Shaykh : Professor, are you saying: the mudarabah operation was with a thousand?
The questioner : Capital and labor.
The Shaykh : Yes?
The questioner : The original mudarabah was capital and labor together; meaning it had both aspects, labor and capital.
The Shaykh : Please, wait for me to understand you.
The questioner: Yes.
The Shaykh : Now there are three pictures in my mind: the first picture: they agreed on a thousand and five hundred.
The questioner : A thousand and three hundred was the capital of the company, meaning the first party pays the second party a thousand and three hundred so that he would make him a partner in the shop that belongs to him.
The Shaykh : My brother, I am telling you: wait for me!
The questioner : Yes.
The Shaykh : I did not speak yet.
The questioner : Ah, you need to speak.
The Shaykh : I am telling you: now in my mind from your words, there are three stages.
The questioner: Yes.
The Shaykh : The first stage: the basis of the agreement was on a thousand and three hundred.
The questioner: Yes.
The Shaykh : Okay; wait, wait, wait, may Allah guide you, I am telling you: wait for me so I can finish what is in my mind, I am telling you: now in my understanding from your words, this company went through three stages.
The questioner: Yes.
The Shaykh : So listen to me, the third stage, do you have patience?!
The questioner : Yes, yes, I have patience.
The Shaykh : Okay; may Allah reward you with good, but you are not treating me with patience!
The questioner : Some of the brothers are talking, I am not hearing you.
The Shaykh : In any case.
The questioner: Please proceed.
The Shaykh : Can you silence them, or how is the situation?!
The questioner: Yes.
The Shaykh : Okay; the first stage: they agreed on a thousand and three hundred and practically it was not executed, correct?
The questioner: Yes.
The Shaykh : That first stage is gone. The second stage: the man paid five hundred, then he withdrew a hundred from the five hundred, so four hundred remained.
The questioner: Yes.
The Shaykh : Okay; the third stage that I understood from you: that the company operated on a thousand, and my question is: where did the remaining four hundred that became a thousand come from? I am done with what I have.
The questioner: Yes.
The Shaykh : Where did it come from?
The questioner : The four hundred came from the second party who brought the shop owner as a partner on the basis that the capital is a thousand and three hundred, each one has a thousand and three hundred, and they share?
The Shaykh : Subhan Allah! Now there is a three-way partnership?
The questioner : No, no, he is the shop owner who brought another person as a partner, that is the third stage that you mentioned.
The Shaykh : My brother, now there are three.
The questioner : No, with a second party...
The Shaykh : The shop owner.
The questioner : And the partner.
The Shaykh : The shop owner and the first partner.
The questioner : But.
The Shaykh : The shop owner and the first partner who did not fulfill the agreement!
The questioner : This is the same last one, the third turn for the same first partner.
The Shaykh : I mean, the first partner, after he fell short in executing the agreement and he paid five hundred then he took back a hundred from them, he remained with four hundred, then in the end he paid an extra amount?
The questioner : No, no, from here because he neglected the full payment, he said to him: I dissolved it - the same partner, the shop owner.
The Shaykh : My brother, I understood all this, but in your words it became that later the mudarabah was on a thousand; where did the six hundred above the four hundred come from?
The questioner : Maybe I did not clarify it for you! I mean, there are two men, one has a shop, he said to him: we will make you a partner in exchange for a thousand and three hundred dinars you pay.
The Shaykh : Okay; shall I repeat to you the story I understood from you?
The questioner: Yes.
The Shaykh : This shop owner agreed with a man that he would pay him a thousand and three hundred, but he only paid him five hundred, then he withdrew a hundred from the five hundred, only four hundred remained.
The questioner: Yes.
The Shaykh : Okay; then what happened?
The questioner : They disagreed and fought and dissolved from the shop, the shop owner dissolved from the shop. He said to him: you made a fool of me, and there was a dispute, so they brought me in to end the dispute.
The Shaykh : Okay; is there nothing else, I mean?
The questioner : No, my opinion was to complete and finish the company, so that if there is a settlement, each one’s right with the other is clearly defined.
The Shaykh : No problem, but the partner, the shop owner, is not satisfied.
The questioner : He does not want to, he says: he cannot be satisfied with me, that is it.
The Shaykh : That is it, therefore this solution is not a practical solution; as long as one of the partners is not satisfied, what is important now?
The questioner : We need the rights of each one.
The Shaykh : Okay; so the practical mudarabah, in my understanding, proceeded on the basis of four hundred.
The questioner : Practically four hundred.
The Shaykh: All right.
The questioner : For example, in two months five hundred.
The Shaykh : How?
The questioner : I mean, for example, they started in one month of the year.
The Shaykh : Yes.
The questioner : And they paid the five hundred, from two months he took back a hundred from the five hundred, on what basis? I will return it to you again.
The Shaykh : Okay; do they have recordings, or without recordings?
The questioner : I am not hearing.
The Shaykh : Do they have a recording of what comes in as profit or loss - may Allah forbid?
The questioner : ... recorded.
The Shaykh : Recorded.
The questioner: Yes.
The Shaykh : So they must clarify, when the partnership was on five hundred for a period of two months as you say, they will see what the profit was in these two months; at that time they divide the profit between them according to the agreement, half and half, or quarter and quarter, then when the man withdrew the hundred and four hundred remained, they will also make an account with the four hundred of what they profited, and they divide according to the agreement, half or quarter, this is the solution.
The questioner : Yes, may Allah bless you, why did I ask you? Because they brought one of the brothers as a party, and some of the doctors told him: the company was dissolved, and this is becoming effective, I said to him: what is the evidence for the dissolution of the company?
The Shaykh : Yes.
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : May Allah reward you with good.
The Shaykh : You are welcome.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.