A man partnered with a well driller for work, with the equipment shared between them, the loss falling on him, and the driller taking 40%, while the driller works alone; what is the ruling?
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The questioner : Peace be upon you, and Allah's mercy and blessings.
The Shaykh : And upon you be peace, and Allah's mercy and blessings.
The questioner : This question: I have a job drilling wells and distributing water, and I have a partner who takes 40 percent.
The Shaykh : 40% of the profit?
The questioner : Of the profit.
The Shaykh : And the materials?
The questioner : And the materials, he gets 40%.
The Shaykh : So a partner in the materials and the profit?
The questioner : And the profit, yes. This driller is mine, and I extend credit to people, and my partner says, "I want my share in cash," meaning the people pay him in cash.
The Shaykh : The people pay him on credit.
The questioner : Yes, I give them on credit.
The Shaykh : Yes.
The questioner : They do not have the money, and some of them pay me in cash, and I give him from the cash, as he wants cash.
The Shaykh : I understand, meaning he says, "I want my right in cash," and you say, "I cannot ask the people to give me cash." What is the question?
The questioner : That is the question.
The Shaykh : First, how do you give him 40% when he does not work? And the money is not...
The questioner : No, he works; he has workers on the driller, and they take from the output.
The Shaykh : So it means the materials are on him.
The questioner : And the driller is on me.
The Shaykh : The driller is on you.
The questioner : The supplies are between me and him, and he is at 40%, the expenses are 40%, and I have 60%.
The Shaykh : Now, may Allah keep you safe, the driller is yours.
The questioner : Yes.
The Shaykh : Likewise, does it not need spare parts or other things, and that is on you?
The questioner : Between me and him at 40%.
The Shaykh : And how?
The questioner : On me and on him.
The Shaykh : No, his work is different from your work. In any case, if all the materials are from you, the spare parts are on you, the loss if you lose is on you, and the profit is 40% for him?
The questioner : I did not understand the answer.
The Shaykh : Be patient, I have a driller, may Allah keep you safe, and I gave it to you to work with it.
The questioner : Yes.
The Shaykh : All its materials are on me, and if I lose, it is on me, but the profit is 40% or 50% for you and the rest for me; there is no harm in that, but you do not lose.
The questioner : I did not understand me; he and I are partners, he works and takes 40 out of every 100 riyals.
The Shaykh : Why? Why does he take 40%?
The questioner : Because he works for free.
The Shaykh : How does he work for free?
The questioner : I gave him 40%.
Another questioner: This driller and he works.
The Shaykh : Who?
The questioner : The other...
The Shaykh : And this one?
The questioner : I have the driller.
The Shaykh : Fine, this is what I am saying.
The questioner : But he takes the value in cash.
The Shaykh : Leave me the matter of whether he takes cash or partners with you in the credit; the point is that now all the materials are on you.
The questioner : Yes, indeed.
The Shaykh : And he has nothing on him but the work.
The questioner : No, the materials are included with him.
The Shaykh : So he buys with you?
The questioner : Yes.
The Shaykh : And the driller is between you?
The questioner : And the driller is between us.
The Shaykh : He has 40 percent of the driller?
The questioner : He has 40 percent.
The Shaykh : So he is a partner in the driller.
The Shaykh : And upon you be peace, and Allah's mercy and blessings.
The questioner : This question: I have a job drilling wells and distributing water, and I have a partner who takes 40 percent.
The Shaykh : 40% of the profit?
The questioner : Of the profit.
The Shaykh : And the materials?
The questioner : And the materials, he gets 40%.
The Shaykh : So a partner in the materials and the profit?
The questioner : And the profit, yes. This driller is mine, and I extend credit to people, and my partner says, "I want my share in cash," meaning the people pay him in cash.
The Shaykh : The people pay him on credit.
The questioner : Yes, I give them on credit.
The Shaykh : Yes.
The questioner : They do not have the money, and some of them pay me in cash, and I give him from the cash, as he wants cash.
The Shaykh : I understand, meaning he says, "I want my right in cash," and you say, "I cannot ask the people to give me cash." What is the question?
The questioner : That is the question.
The Shaykh : First, how do you give him 40% when he does not work? And the money is not...
The questioner : No, he works; he has workers on the driller, and they take from the output.
The Shaykh : So it means the materials are on him.
The questioner : And the driller is on me.
The Shaykh : The driller is on you.
The questioner : The supplies are between me and him, and he is at 40%, the expenses are 40%, and I have 60%.
The Shaykh : Now, may Allah keep you safe, the driller is yours.
The questioner : Yes.
The Shaykh : Likewise, does it not need spare parts or other things, and that is on you?
The questioner : Between me and him at 40%.
The Shaykh : And how?
The questioner : On me and on him.
The Shaykh : No, his work is different from your work. In any case, if all the materials are from you, the spare parts are on you, the loss if you lose is on you, and the profit is 40% for him?
The questioner : I did not understand the answer.
The Shaykh : Be patient, I have a driller, may Allah keep you safe, and I gave it to you to work with it.
The questioner : Yes.
The Shaykh : All its materials are on me, and if I lose, it is on me, but the profit is 40% or 50% for you and the rest for me; there is no harm in that, but you do not lose.
The questioner : I did not understand me; he and I are partners, he works and takes 40 out of every 100 riyals.
The Shaykh : Why? Why does he take 40%?
The questioner : Because he works for free.
The Shaykh : How does he work for free?
The questioner : I gave him 40%.
Another questioner: This driller and he works.
The Shaykh : Who?
The questioner : The other...
The Shaykh : And this one?
The questioner : I have the driller.
The Shaykh : Fine, this is what I am saying.
The questioner : But he takes the value in cash.
The Shaykh : Leave me the matter of whether he takes cash or partners with you in the credit; the point is that now all the materials are on you.
The questioner : Yes, indeed.
The Shaykh : And he has nothing on him but the work.
The questioner : No, the materials are included with him.
The Shaykh : So he buys with you?
The questioner : Yes.
The Shaykh : And the driller is between you?
The questioner : And the driller is between us.
The Shaykh : He has 40 percent of the driller?
The questioner : He has 40 percent.
The Shaykh : So he is a partner in the driller.