Ruling on returning a partner's money in a project that was not completed

Question:
This questioner says: A man agreed with another to establish a commercial project, on the condition that the first man would pay the capital—the project's funds—and the second man would only manage it, and the profits would be divided equally between them. The second man asked the first for a sum of money to be deducted from his share of the profits after the project was established. He then went to perform the obligatory Hajj with his wife. After returning from Hajj, the first man went back on his word and refused to establish the project. Is it obligatory for the second man to return the money he took, and is it obligatory for him to repeat the Hajj with his wife because he did not return the money? May Allah reward you with good.

Answer:
This is a matter of dispute that should be referred to the court. As for the Hajj, it is valid, and praise be to Allah, if he performed it in the prescribed manner, his Hajj is valid. As for the dispute between them regarding the project, that is to be referred to the court. Yes.

The presenter: May Allah reward you.