Two people entered into a business partnership: one provided the capital, and the other worked with his effort in its affairs. A cart used to transport the goods was stolen. Who is liable for the compensation?
Machine translationRead the Arabic original
Questions via telephone
onAl-Halabi : Peace be upon you
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
onAl-Halabi : How is our professor doing?
The Shaykh : Praise be to Allah.
onAl-Halabi : Please give us news of yourselves. May Allah make today better for you, if Allah wills.
The Shaykh : I ask Allah for that.
onAl-Halabi : We ask Allah for that, O Shaykh. May I ask a question?
The Shaykh : ... Go ahead.
onAl-Halabi : My teacher, two brothers, meaning two of our brothers, are partners in a bookstall.
The Shaykh : Partners in what?
onAl-Halabi : A bookstall, meaning they have books at the mosque gate. One provides the effort, and the other provides the money, meaning the cost of these books. So the owner of the money placed a cart there, on the basis that they would use it to transport the books and return them. These books are always present at the mosque gate with the cart. So this brother, the one who provides the effort, entered the mosque to pray. When he came out, he found the cart gone.
The Shaykh : With the books?
Al-Halabi : No, the books are there, but the cart is gone, stolen. So who has to pay for it?
The Shaykh : Yes. Who has to pay for it? The matter requires, meaning, investigation. If the one who provided the effort was negligent in leaving the cart like that, he is considered careless, and he is the one who pays. Otherwise, it is the two partners.
Al-Halabi : The two partners, even if it was just effort, meaning?
The Shaykh : Yes, that is it. Because the loss, yes, I just realized. So we say the first part of the statement is correct. If the one who provided the effort is not considered careless or negligent, then the loss falls on the owner of the capital.
Al-Halabi : If he is considered careless?
The Shaykh : If he is not considered careless.
Al-Halabi : If he is not considered careless, yes.
The Shaykh : And the reverse is the reverse.
Al-Halabi : And the reverse is the reverse, but there is no third scenario, O Shaykh, where they share the loss.
The Shaykh : That is what I said first, but it occurred to me that the loss always falls on the capital, and it falls on the effort. The effort does not pay money; the effort is lost. But the material loss falls on the owner of the capital.
Al-Halabi : Yes, yes, this is if there is no negligence in our case. May Allah reward you with good, O Shaykh.
onAl-Halabi : Peace be upon you
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
onAl-Halabi : How is our professor doing?
The Shaykh : Praise be to Allah.
onAl-Halabi : Please give us news of yourselves. May Allah make today better for you, if Allah wills.
The Shaykh : I ask Allah for that.
onAl-Halabi : We ask Allah for that, O Shaykh. May I ask a question?
The Shaykh : ... Go ahead.
onAl-Halabi : My teacher, two brothers, meaning two of our brothers, are partners in a bookstall.
The Shaykh : Partners in what?
onAl-Halabi : A bookstall, meaning they have books at the mosque gate. One provides the effort, and the other provides the money, meaning the cost of these books. So the owner of the money placed a cart there, on the basis that they would use it to transport the books and return them. These books are always present at the mosque gate with the cart. So this brother, the one who provides the effort, entered the mosque to pray. When he came out, he found the cart gone.
The Shaykh : With the books?
Al-Halabi : No, the books are there, but the cart is gone, stolen. So who has to pay for it?
The Shaykh : Yes. Who has to pay for it? The matter requires, meaning, investigation. If the one who provided the effort was negligent in leaving the cart like that, he is considered careless, and he is the one who pays. Otherwise, it is the two partners.
Al-Halabi : The two partners, even if it was just effort, meaning?
The Shaykh : Yes, that is it. Because the loss, yes, I just realized. So we say the first part of the statement is correct. If the one who provided the effort is not considered careless or negligent, then the loss falls on the owner of the capital.
Al-Halabi : If he is considered careless?
The Shaykh : If he is not considered careless.
Al-Halabi : If he is not considered careless, yes.
The Shaykh : And the reverse is the reverse.
Al-Halabi : And the reverse is the reverse, but there is no third scenario, O Shaykh, where they share the loss.
The Shaykh : That is what I said first, but it occurred to me that the loss always falls on the capital, and it falls on the effort. The effort does not pay money; the effort is lost. But the material loss falls on the owner of the capital.
Al-Halabi : Yes, yes, this is if there is no negligence in our case. May Allah reward you with good, O Shaykh.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.