The Ruling on Partnership with a Man Who Commits Major Sins
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My brother Sayyid 'Abd al-Halim 'Isam has another question in this letter, in which he says: I have a partner who commits major sins, and I did not know about it until after the partnership began. There have been more than one disagreement about ending this partnership, but it has continued. What is the ruling on mixing the money? What is the ruling on paying zakah? And what is the general nature of this type of partnership, since I need that type of trade? Please inform us, may Allah reward you.
Answer: The fact that the partner engages in major sins, or that he engages in some sins, does not prevent the validity of the partnership. However, if he engages in other matters that harm the partnership, such as dealing in riba (usury or interest), or dealing in bribery within the partnership, or conducting transactions that result in the mixing of the partnership's funds with forbidden money, then this is the matter that requires consideration. You, as the partner, should separate from him and end the partnership so that you do not consume the forbidden and so that you do not approve of the forbidden. As for if the sins pertain to him personally and have no connection to the partnership, such as if you suspect him of external sins like zina (unlawful sexual intercourse) or drinking khamr (intoxicants), or the like of what has no connection to the partnership, then this does not harm you and does not harm the partnership, as long as its operations are conducted in accordance with the Shari'ah. In that case, you have the choice after this to end the partnership or not. However, ending it with this type of person is better, so that his proximity to you does not harm you. Ending the partnership with this type of person is better, better, and more cautious. But if it continues for some time, it does not harm the partnership, because his sins are upon himself. It only harms the partnership if the sins pertain to riba, or to betrayal in the money, or to introducing what Allah has forbidden into the partnership, such as selling forbidden items, buying forbidden items, various types of bribery and betrayal, various types of riba, and the like. This is what harms the partnership. Yes.
The presenter: May Allah bless you and reward you with good.
Answer: The fact that the partner engages in major sins, or that he engages in some sins, does not prevent the validity of the partnership. However, if he engages in other matters that harm the partnership, such as dealing in riba (usury or interest), or dealing in bribery within the partnership, or conducting transactions that result in the mixing of the partnership's funds with forbidden money, then this is the matter that requires consideration. You, as the partner, should separate from him and end the partnership so that you do not consume the forbidden and so that you do not approve of the forbidden. As for if the sins pertain to him personally and have no connection to the partnership, such as if you suspect him of external sins like zina (unlawful sexual intercourse) or drinking khamr (intoxicants), or the like of what has no connection to the partnership, then this does not harm you and does not harm the partnership, as long as its operations are conducted in accordance with the Shari'ah. In that case, you have the choice after this to end the partnership or not. However, ending it with this type of person is better, so that his proximity to you does not harm you. Ending the partnership with this type of person is better, better, and more cautious. But if it continues for some time, it does not harm the partnership, because his sins are upon himself. It only harms the partnership if the sins pertain to riba, or to betrayal in the money, or to introducing what Allah has forbidden into the partnership, such as selling forbidden items, buying forbidden items, various types of bribery and betrayal, various types of riba, and the like. This is what harms the partnership. Yes.
The presenter: May Allah bless you and reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
