What is the ruling on stipulating an equal share of the profit that exceeds the capital?
Machine translationRead the Arabic original
The questioner : May Allah forgive you, O Shaykh, a house has been built...
The Shaykh : Yes.
The questioner : A house was built, and it was in the final stages of finishing, approximately. An unexpected event occurred where the house had to be sold. It was put on the market, but unfortunately, there was no buyer for this house. Other people offered to complete the construction and stipulated in the sale that they would share the profit equally in addition to the capital?
The Shaykh : I did not understand the question.
The questioner : We say...
The Shaykh : A man built a house.
The questioner : He built his house for nine hundred thousand riyals and was unable to complete it.
The Shaykh : I mean, he told the man to build it for nine hundred thousand. He told a person to build it for nine hundred thousand.
The questioner : Yes
The Shaykh : Very well.
The questioner : This is the amount that was spent, and the construction was not completed.
The Shaykh : Why did the contractor not complete it for nine hundred thousand?
The questioner : The construction was done for nine hundred thousand, but the building was not completed, and the owner has no money. The owner put the house on the market, but it did not sell.
The Shaykh : Very well.
The questioner : Other people came and offered an additional amount to complete the construction.
The Shaykh : I mean, did they offer to complete the construction of his house?
The questioner : They will complete the construction of it.
The Shaykh : Very well.
The questioner : And they stipulated that in completing the construction and selling it, they would share the profit equally with the owner. Is this...?
The Shaykh : Yes, this is not permissible.
The questioner : It is not permissible.
The Shaykh : Because it is unknown. They must agree to complete the house for a specific amount, and if they agree on a specific amount, the matter is settled, and the profit belongs to the owner.
The questioner : I mean, the owner stipulates that they get five percent of the profit?
The Shaykh : No, absolutely not. The owner says, for example, complete the remainder for ten thousand, or twenty thousand, a fixed amount, and you have no claim on the...
The questioner : I mean, they pay, for instance, one hundred thousand, which is the completion cost, and he tells them you get ten thousand extra.
The Shaykh : My brother, how can this be, glory be to Allah, he agrees with this person to complete the construction for ten thousand, or one hundred thousand, or one million.
The questioner : Very well.
The Shaykh : That is it... he completes it, he gives him his wage, and it is over.
The questioner : Shaykh, when the owner was unable to...
The Shaykh : Leave it, leave it, let this issue be for the 'Asr prayer, if Allah wills, in the mosque. Let the brothers go... something more important than this... Yasar
The Shaykh : Yes.
The questioner : A house was built, and it was in the final stages of finishing, approximately. An unexpected event occurred where the house had to be sold. It was put on the market, but unfortunately, there was no buyer for this house. Other people offered to complete the construction and stipulated in the sale that they would share the profit equally in addition to the capital?
The Shaykh : I did not understand the question.
The questioner : We say...
The Shaykh : A man built a house.
The questioner : He built his house for nine hundred thousand riyals and was unable to complete it.
The Shaykh : I mean, he told the man to build it for nine hundred thousand. He told a person to build it for nine hundred thousand.
The questioner : Yes
The Shaykh : Very well.
The questioner : This is the amount that was spent, and the construction was not completed.
The Shaykh : Why did the contractor not complete it for nine hundred thousand?
The questioner : The construction was done for nine hundred thousand, but the building was not completed, and the owner has no money. The owner put the house on the market, but it did not sell.
The Shaykh : Very well.
The questioner : Other people came and offered an additional amount to complete the construction.
The Shaykh : I mean, did they offer to complete the construction of his house?
The questioner : They will complete the construction of it.
The Shaykh : Very well.
The questioner : And they stipulated that in completing the construction and selling it, they would share the profit equally with the owner. Is this...?
The Shaykh : Yes, this is not permissible.
The questioner : It is not permissible.
The Shaykh : Because it is unknown. They must agree to complete the house for a specific amount, and if they agree on a specific amount, the matter is settled, and the profit belongs to the owner.
The questioner : I mean, the owner stipulates that they get five percent of the profit?
The Shaykh : No, absolutely not. The owner says, for example, complete the remainder for ten thousand, or twenty thousand, a fixed amount, and you have no claim on the...
The questioner : I mean, they pay, for instance, one hundred thousand, which is the completion cost, and he tells them you get ten thousand extra.
The Shaykh : My brother, how can this be, glory be to Allah, he agrees with this person to complete the construction for ten thousand, or one hundred thousand, or one million.
The questioner : Very well.
The Shaykh : That is it... he completes it, he gives him his wage, and it is over.
The questioner : Shaykh, when the owner was unable to...
The Shaykh : Leave it, leave it, let this issue be for the 'Asr prayer, if Allah wills, in the mosque. Let the brothers go... something more important than this... Yasar