The remainder of the answer to a man who partnered with a well-digger for work and equipment, where the loss is on him and the digger takes 40%, and the digger works alone; what is the ruling?
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The questioner : No, he takes the value, meaning he takes the cash and the debt.
The Shaykh : Leave me the matter of whether he takes cash or partners with you in deferred payment; the point is that right now, all the materials are on you.
The questioner : Yes, indeed.
The Shaykh : And he has nothing on him but the work.
The questioner : He has nothing on him but the work, no, the materials are included with me for 40%.
The Shaykh : Meaning he buys with you?
The questioner : He buys with me, yes.
The Shaykh : And the digger is between you?
The questioner : And the digger is between us.
The Shaykh : He has 40% of the digger.
The questioner : He has 40% of the digger.
The Shaykh : So he is a partner in the digger and the equipment, and he works alone.
The questioner : Meaning he works.
The Shaykh : And you do not work?
The questioner : No, I do not work.
The Shaykh : This is injustice.
The questioner : I do not know anymore.
The Shaykh : This is injustice; since he is a partner with you in the original capital and he has nothing but the value of his ownership in it, it is not permissible; you must give him more than 40%.
The questioner : Meaning the difference in his effort?
The Shaykh : Yes, yes, the difference in his effort.
The questioner : May Allah reward you with good.
The Shaykh : The question that follows.
The Shaykh : Leave me the matter of whether he takes cash or partners with you in deferred payment; the point is that right now, all the materials are on you.
The questioner : Yes, indeed.
The Shaykh : And he has nothing on him but the work.
The questioner : He has nothing on him but the work, no, the materials are included with me for 40%.
The Shaykh : Meaning he buys with you?
The questioner : He buys with me, yes.
The Shaykh : And the digger is between you?
The questioner : And the digger is between us.
The Shaykh : He has 40% of the digger.
The questioner : He has 40% of the digger.
The Shaykh : So he is a partner in the digger and the equipment, and he works alone.
The questioner : Meaning he works.
The Shaykh : And you do not work?
The questioner : No, I do not work.
The Shaykh : This is injustice.
The questioner : I do not know anymore.
The Shaykh : This is injustice; since he is a partner with you in the original capital and he has nothing but the value of his ownership in it, it is not permissible; you must give him more than 40%.
The questioner : Meaning the difference in his effort?
The Shaykh : Yes, yes, the difference in his effort.
The questioner : May Allah reward you with good.
The Shaykh : The question that follows.