We request clarification of some of the rulings on partnership?
Machine translationRead the Arabic original
The questioner : Another question.
The Shaykh: Yes.
The questioner : An agreement was made with a brother as well. An agreement was made with a brother that he would enter into a shop with me, paying ten thousand dinars and taking a share in the shop, with me, O Shaykh?
The Shaykh: Yes.
The questioner : So my uncle said he would not give me the money unless I registered my name in the contract at the Chamber of Commerce and the Ministry of Industry and Trade. He said, "Once the contract is out, I will go and bring you the money." It is now the eighth month. If we do the paperwork now, we will have to do it again at the end of the year, which will cost eighty or ninety dinars. So I told him, "I want to do it with the old shop license of the man from whom I bought the shop." He said, "No, I want the papers. My uncle will look at them so he can give me the money." So I went, for his sake, and did the papers. He came with me and registered the shop in his name at the Ministry of Industry and Trade and at the Chamber of Commerce. When we came out, there was a small amount left, and to get the license we spent one hundred and twenty dinars. Then he came and said, "My uncle will not accept to give me the money!" So, does he have to bear this cost?
The Shaykh : What money did he refuse to give you?
The questioner : Yes, the money, which is the ten thousand, which is half of the shop.
The Shaykh : He refused to give it to you, meaning he does not want to partner with you.
The questioner : He does not want to partner, yes.
The Shaykh : Yes.
The questioner: Yes.
The Shaykh : Okay, you agreed with him that the work he asked you to do would be at his expense.
The questioner : Yes, yes, O Shaykh, I agreed with him like that, like that. The matter is not easy; we need to spend on papers and such. Are you sure your uncle will give you the money? He said, "Yes." I told him, "These papers will be borne by you." He said, "No problem."
The Shaykh : Okay, and then he reneged.
The questioner : Yes, he reneged. He should bear it.
The Shaykh : It is permissible.
The questioner : Meaning, he must bear it.
The Shaykh: Yes.
The questioner : May Allah reward you, O Shaykh.
The Shaykh: Yes.
The questioner : An agreement was made with a brother as well. An agreement was made with a brother that he would enter into a shop with me, paying ten thousand dinars and taking a share in the shop, with me, O Shaykh?
The Shaykh: Yes.
The questioner : So my uncle said he would not give me the money unless I registered my name in the contract at the Chamber of Commerce and the Ministry of Industry and Trade. He said, "Once the contract is out, I will go and bring you the money." It is now the eighth month. If we do the paperwork now, we will have to do it again at the end of the year, which will cost eighty or ninety dinars. So I told him, "I want to do it with the old shop license of the man from whom I bought the shop." He said, "No, I want the papers. My uncle will look at them so he can give me the money." So I went, for his sake, and did the papers. He came with me and registered the shop in his name at the Ministry of Industry and Trade and at the Chamber of Commerce. When we came out, there was a small amount left, and to get the license we spent one hundred and twenty dinars. Then he came and said, "My uncle will not accept to give me the money!" So, does he have to bear this cost?
The Shaykh : What money did he refuse to give you?
The questioner : Yes, the money, which is the ten thousand, which is half of the shop.
The Shaykh : He refused to give it to you, meaning he does not want to partner with you.
The questioner : He does not want to partner, yes.
The Shaykh : Yes.
The questioner: Yes.
The Shaykh : Okay, you agreed with him that the work he asked you to do would be at his expense.
The questioner : Yes, yes, O Shaykh, I agreed with him like that, like that. The matter is not easy; we need to spend on papers and such. Are you sure your uncle will give you the money? He said, "Yes." I told him, "These papers will be borne by you." He said, "No problem."
The Shaykh : Okay, and then he reneged.
The questioner : Yes, he reneged. He should bear it.
The Shaykh : It is permissible.
The questioner : Meaning, he must bear it.
The Shaykh: Yes.
The questioner : May Allah reward you, O Shaykh.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.