How to dissolve a partnership?
Machine translationRead the Arabic original
The phone is ringing.
The Shaykh: The
The questioner : Peace be upon you
The Shaykh : And upon you be peace
The questioner : The Shaykh : It is present.
The Shaykh : Raise your voice, I am with you.
The questioner : Do you allow me a question about the authenticity of a hadith?
The Shaykh : Yes, more than one question, go ahead, yes, if its taste, smell, or color changes, yes.
The questioner : Peace be upon you, my master.The Shaykh
The Shaykh : And upon you be peace and the mercy of Allah
The questioner : ... .
The Shaykh : Welcome.
The questioner : I want to ask you a question, may Allah bless you.
The Shaykh : Please go ahead.
The questioner : I have capital and I wanted to open a shop, I have it with me, O Shaykh.
The Shaykh : I am with you.
The questioner : I opened a shop and spoke with a man: I said to him, "Hold this shop as a partner in a profit-sharing venture," is that okay, O Shaykh?
The Shaykh : You go ahead, do not stand there.
The questioner : Okay, so naturally we agreed on an unlimited term, but it is done, we proceed, he benefits and I benefit, but as a result, after a period of about a month, I saw that this man is not qualified to be in this place, since it is a restaurant, this is not his job, to work alone, and then the shop started to go backward and deteriorate, and the benefit became that this man should leave the shop, so is it permissible for me to remove him in exchange for a sum of money that I give him?
The Shaykh : If you reach a mutual agreement, it is permissible.
The questioner : I mean, but legally and rightfully, since the shop is deteriorating, for example, and he is not qualified for this matter, that he leaves as a partner in a profit-sharing venture?
The Shaykh : Are you asking two questions or one question?
The questioner : No, the last question, O Shaykh?
The Shaykh : I answered you that if you reach a mutual agreement, it is permissible.
The questioner : Perhaps he might make demands, for example.
The Shaykh : My brother, you say: If you reach a mutual agreement. I told you: It is permissible.
The questioner : He said: I do not want to leave the shop, I.
The Shaykh : Then you did not reach a mutual agreement.
The questioner : So what about the work?
The Shaykh : The work is that you reach a mutual agreement, because you made a mistake when you partnered, you did not set limits and conditions, so when you issued the limits and conditions, and the Messenger (peace and blessings be upon him) says:. And the common proverb in some countries says: "Clarity drives away the devil." So you did not act according to the hadith of the Messenger, nor did you hold to the wisdom prevalent among people, and therefore the solution to the dispute between you and your partner is mutual agreement.
The questioner : So what if the person does not want to reach a mutual agreement?
The Shaykh : That is it, my brother, you take your case to the court, you are asking, I am telling you the answer, you did not agree, you agreed, what do we want to do.
The questioner : We are sorry, O Shaykh, we want it to be religious, fearing that the person might fall into what is forbidden.
The Shaykh : May Allah guide you, I gave you the answer on the religious side, but you are trying to trick me, telling you: "What if he did not agree, what do I do for you?"
The questioner : Is it not permissible for me, for example, by force, by compulsion, to remove him?
The Shaykh : He will not leave for you by compulsion.
The questioner : He is a partner in a profit-sharing venture.
The Shaykh : Even if he were, he has a right and you have a right.
The questioner : In the case of selling the shop now and the shop made a profit, does he get something from the profit?
The Shaykh : Your partner, my brother, your partner is he.
The questioner : O Shaykh, when we partnered, the intention known to people was that he is a regular partner in a profit-sharing venture, for everyone this is a partner in a profit-sharing venture.
The Shaykh : What is a partner in a profit-sharing venture? Profit and loss.
The questioner : I only told you that he is not qualified for this job.
The Shaykh : I do not know, my brother, that he is not qualified, you are claiming so, do you think now if I gave it to him and spoke with him, would his words be correct? Your words are correct? The matter is that a dispute arose between you and him, if it is not resolved by the fatwa, it requires the court.
The questioner : I mean: we go to the court and the court resolves it?
The Shaykh : So, if you do not reach an agreement with each other, this is how we explain it.
The questioner : I mean: if we go to the court, we are not sinners, meaning?
The Shaykh : No, you are not sinners, if you did not reconcile with each other.
The questioner : Okay, my master, may Allah bless you.
The Shaykh : Amen.
The questioner : Peace be upon you
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh: The
The questioner : Peace be upon you
The Shaykh : And upon you be peace
The questioner : The Shaykh : It is present.
The Shaykh : Raise your voice, I am with you.
The questioner : Do you allow me a question about the authenticity of a hadith?
The Shaykh : Yes, more than one question, go ahead, yes, if its taste, smell, or color changes, yes.
The questioner : Peace be upon you, my master.The Shaykh
The Shaykh : And upon you be peace and the mercy of Allah
The questioner : ... .
The Shaykh : Welcome.
The questioner : I want to ask you a question, may Allah bless you.
The Shaykh : Please go ahead.
The questioner : I have capital and I wanted to open a shop, I have it with me, O Shaykh.
The Shaykh : I am with you.
The questioner : I opened a shop and spoke with a man: I said to him, "Hold this shop as a partner in a profit-sharing venture," is that okay, O Shaykh?
The Shaykh : You go ahead, do not stand there.
The questioner : Okay, so naturally we agreed on an unlimited term, but it is done, we proceed, he benefits and I benefit, but as a result, after a period of about a month, I saw that this man is not qualified to be in this place, since it is a restaurant, this is not his job, to work alone, and then the shop started to go backward and deteriorate, and the benefit became that this man should leave the shop, so is it permissible for me to remove him in exchange for a sum of money that I give him?
The Shaykh : If you reach a mutual agreement, it is permissible.
The questioner : I mean, but legally and rightfully, since the shop is deteriorating, for example, and he is not qualified for this matter, that he leaves as a partner in a profit-sharing venture?
The Shaykh : Are you asking two questions or one question?
The questioner : No, the last question, O Shaykh?
The Shaykh : I answered you that if you reach a mutual agreement, it is permissible.
The questioner : Perhaps he might make demands, for example.
The Shaykh : My brother, you say: If you reach a mutual agreement. I told you: It is permissible.
The questioner : He said: I do not want to leave the shop, I.
The Shaykh : Then you did not reach a mutual agreement.
The questioner : So what about the work?
The Shaykh : The work is that you reach a mutual agreement, because you made a mistake when you partnered, you did not set limits and conditions, so when you issued the limits and conditions, and the Messenger (peace and blessings be upon him) says:
The believers are bound by their conditions.
المؤمنون عند شروطهمThe questioner : So what if the person does not want to reach a mutual agreement?
The Shaykh : That is it, my brother, you take your case to the court, you are asking, I am telling you the answer, you did not agree, you agreed, what do we want to do.
The questioner : We are sorry, O Shaykh, we want it to be religious, fearing that the person might fall into what is forbidden.
The Shaykh : May Allah guide you, I gave you the answer on the religious side, but you are trying to trick me, telling you: "What if he did not agree, what do I do for you?"
The questioner : Is it not permissible for me, for example, by force, by compulsion, to remove him?
The Shaykh : He will not leave for you by compulsion.
The questioner : He is a partner in a profit-sharing venture.
The Shaykh : Even if he were, he has a right and you have a right.
The questioner : In the case of selling the shop now and the shop made a profit, does he get something from the profit?
The Shaykh : Your partner, my brother, your partner is he.
The questioner : O Shaykh, when we partnered, the intention known to people was that he is a regular partner in a profit-sharing venture, for everyone this is a partner in a profit-sharing venture.
The Shaykh : What is a partner in a profit-sharing venture? Profit and loss.
The questioner : I only told you that he is not qualified for this job.
The Shaykh : I do not know, my brother, that he is not qualified, you are claiming so, do you think now if I gave it to him and spoke with him, would his words be correct? Your words are correct? The matter is that a dispute arose between you and him, if it is not resolved by the fatwa, it requires the court.
The questioner : I mean: we go to the court and the court resolves it?
The Shaykh : So, if you do not reach an agreement with each other, this is how we explain it.
The questioner : I mean: if we go to the court, we are not sinners, meaning?
The Shaykh : No, you are not sinners, if you did not reconcile with each other.
The questioner : Okay, my master, may Allah bless you.
The Shaykh : Amen.
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.