A person who partners with a deceitful, lying man in a business without knowing, then discovers his lies and deceit, what must he do?
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The questioner : The last question, O Shaykh.
The Shaykh: Yes.
The questioner : There is a person who was working with his brother in selling clothes. Let us say the older one is named Zayd and the younger one is named 'Amr. This older Zayd used to cheat and swear false oaths, meaning regarding the goods. If there was a defect, he would hide it among the garments that had no defect, and he would cheat in transactions and swear falsely by Allah, saying, "I gave so much to 'Amr." Now, after repenting, and having participated with him in some of these businesses, 'Amr now wants to know whether he should stay with him in this business or leave. It is known that he works with him in a mudarabah (profit-sharing partnership); Zayd is the owner of the capital, and the younger 'Amr works with his effort.
The Shaykh : When did the younger 'Amr discover the older Zayd's deceit? When did he discover this?
The questioner : He discovered it a long time ago, but he repented recently.
The Shaykh : Ah, if he repented recently, let him fulfill the obligation of advising Zayd.
The questioner: Yes.
The Shaykh : And he should deter him from such work by every means, with wisdom, whenever he notices a lie from him, whenever he notices deceit from him, until the older Zayd becomes angry with the younger 'Amr. At that point, the incident will occur between them, and either Zayd will be dismissed from the partnership, or if he bears with him and is patient with his admonition and guidance, it is hoped that he will take advice. If 'Amr loses hope, he must sever the transaction with him or the partnership.
The questioner : Okay, if he separates, does he want to claim the money now? Because this 'Amr does not take a salary; rather, he works with his full brother, and they eat together at home and live together. But if it happens that 'Amr wants to separate, he wants to claim his right in the money. Does he claim it?
The Shaykh : If 'Amr did not participate with Zayd in his work that contradicts the Shari'ah, then without a doubt this is his right. But if he was a partner with him in the aforementioned violation, then at that time he reckons that with Allah the Exalted and Majestic, unless he is compelled, in which case he takes from this dirty money what he needs, and the other takes it out of his possession in the manner mentioned above.
The questioner : Okay, if he did not know, meaning he participated with him in any case in some matters at some times, but he does not know the amount?
The Shaykh : Here, one exercises ijtihad (independent legal reasoning) based on the preponderance of opinion; there is nothing more than that here!
The questioner : Yes, okay, is there another question?
The Shaykh : Where is this? It became the last one, and that one was the final one. How can they both be?
The questioner : ... .
The Shaykh: Go ahead.
The questioner: How.
The Shaykh: Yes.
The questioner : There is a person who was working with his brother in selling clothes. Let us say the older one is named Zayd and the younger one is named 'Amr. This older Zayd used to cheat and swear false oaths, meaning regarding the goods. If there was a defect, he would hide it among the garments that had no defect, and he would cheat in transactions and swear falsely by Allah, saying, "I gave so much to 'Amr." Now, after repenting, and having participated with him in some of these businesses, 'Amr now wants to know whether he should stay with him in this business or leave. It is known that he works with him in a mudarabah (profit-sharing partnership); Zayd is the owner of the capital, and the younger 'Amr works with his effort.
The Shaykh : When did the younger 'Amr discover the older Zayd's deceit? When did he discover this?
The questioner : He discovered it a long time ago, but he repented recently.
The Shaykh : Ah, if he repented recently, let him fulfill the obligation of advising Zayd.
The questioner: Yes.
The Shaykh : And he should deter him from such work by every means, with wisdom, whenever he notices a lie from him, whenever he notices deceit from him, until the older Zayd becomes angry with the younger 'Amr. At that point, the incident will occur between them, and either Zayd will be dismissed from the partnership, or if he bears with him and is patient with his admonition and guidance, it is hoped that he will take advice. If 'Amr loses hope, he must sever the transaction with him or the partnership.
The questioner : Okay, if he separates, does he want to claim the money now? Because this 'Amr does not take a salary; rather, he works with his full brother, and they eat together at home and live together. But if it happens that 'Amr wants to separate, he wants to claim his right in the money. Does he claim it?
The Shaykh : If 'Amr did not participate with Zayd in his work that contradicts the Shari'ah, then without a doubt this is his right. But if he was a partner with him in the aforementioned violation, then at that time he reckons that with Allah the Exalted and Majestic, unless he is compelled, in which case he takes from this dirty money what he needs, and the other takes it out of his possession in the manner mentioned above.
The questioner : Okay, if he did not know, meaning he participated with him in any case in some matters at some times, but he does not know the amount?
The Shaykh : Here, one exercises ijtihad (independent legal reasoning) based on the preponderance of opinion; there is nothing more than that here!
The questioner : Yes, okay, is there another question?
The Shaykh : Where is this? It became the last one, and that one was the final one. How can they both be?
The questioner : ... .
The Shaykh: Go ahead.
The questioner: How.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.