Is it obligatory to document and register partnership contracts?
Machine translationRead the Arabic original
The questioner : ... May Allah keep you safe ... .
The Shaykh : Yes.
The questioner : My son is stubborn.
The Shaykh : Yes, yes.
The questioner : ... .
The Shaykh : Yes.
The questioner : And now he refuses to pray ... and I do not want to see him
The Shaykh : Is the boy with you now?
The questioner : No, the boy ... no one wants him, he has done everything in his power.
Another questioner: ...
The Shaykh : Well, what he said is correct: it is obligatory for you to know what is lawful for you and what is lawful for him so that you are on clear ground, even if you do not know who will go first as he said, but it is better for you to put pressure on yourselves so that there is no dispute later between the brothers.
So now, count what belongs to you and count what belongs to him, and look for a trustworthy man to write an agreement between you, and then take it to the court and register it; this is necessary.
The questioner : But ... .
The Shaykh : Yes, but.
The questioner : At first, between us ... there was no ... there was no ... .
The Shaykh : But is he an employee?
The questioner : No ... iron ... .
The Shaykh : And this iron, is it from your ownership?
The questioner : No, it is from ... .
The Shaykh : All right, the iron he works with belongs to him; you have no share in it, unless there is a partnership contract between you.
The questioner : No, we have nothing.
The Shaykh : Yes, what is in his hand belongs to him; you have nothing in it. And what he did with your money, and what he did using your money, and there was no agreement between you, and he is, if Allah wills, on good terms and with kindness, so from today write an agreement between you and him that he works with your money, and whatever profit is made, it is between you.
The questioner : From today, meaning.
The Shaykh : From today, the capital that belongs to you is yours, and the profit will be between you according to what you agree upon, a little or a lot. As for the money that is his, it is his; you have no share in it. And this is the reason I told you to write an agreement between you so that rights are not lost or a dispute arises between your children, yes.
The questioner : Oh Shaykh...
The Shaykh : Yes.
The questioner : ... .
The Shaykh : Yes.
The questioner : ... .
The Shaykh : But ... all right, what is yours is yours, what is yours is yours, and what he did before, his reward is only with Allah. And from now on, agree on something. Do you have a question? Yes.
The Shaykh : Yes.
The questioner : My son is stubborn.
The Shaykh : Yes, yes.
The questioner : ... .
The Shaykh : Yes.
The questioner : And now he refuses to pray ... and I do not want to see him
The Shaykh : Is the boy with you now?
The questioner : No, the boy ... no one wants him, he has done everything in his power.
Another questioner: ...
The Shaykh : Well, what he said is correct: it is obligatory for you to know what is lawful for you and what is lawful for him so that you are on clear ground, even if you do not know who will go first as he said, but it is better for you to put pressure on yourselves so that there is no dispute later between the brothers.
So now, count what belongs to you and count what belongs to him, and look for a trustworthy man to write an agreement between you, and then take it to the court and register it; this is necessary.
The questioner : But ... .
The Shaykh : Yes, but.
The questioner : At first, between us ... there was no ... there was no ... .
The Shaykh : But is he an employee?
The questioner : No ... iron ... .
The Shaykh : And this iron, is it from your ownership?
The questioner : No, it is from ... .
The Shaykh : All right, the iron he works with belongs to him; you have no share in it, unless there is a partnership contract between you.
The questioner : No, we have nothing.
The Shaykh : Yes, what is in his hand belongs to him; you have nothing in it. And what he did with your money, and what he did using your money, and there was no agreement between you, and he is, if Allah wills, on good terms and with kindness, so from today write an agreement between you and him that he works with your money, and whatever profit is made, it is between you.
The questioner : From today, meaning.
The Shaykh : From today, the capital that belongs to you is yours, and the profit will be between you according to what you agree upon, a little or a lot. As for the money that is his, it is his; you have no share in it. And this is the reason I told you to write an agreement between you so that rights are not lost or a dispute arises between your children, yes.
The questioner : Oh Shaykh...
The Shaykh : Yes.
The questioner : ... .
The Shaykh : Yes.
The questioner : ... .
The Shaykh : But ... all right, what is yours is yours, what is yours is yours, and what he did before, his reward is only with Allah. And from now on, agree on something. Do you have a question? Yes.