Ruling on Participating in the Setup of a Commercial Shop with Sharing of Profit and Loss
Machine translationRead the Arabic original
Question:
I have a shop, and there is nothing in it. I am a skilled craftsman, meaning a men’s tailor, and I wanted to work in this shop, but I did not find anyone to help me buy the necessary equipment... to the end of the question, meaning some of the brothers donated some money to him to set up the shop, and supported him with a share of the profit and a part of the loss. What is your opinion, Your Eminence, on that?
Answer:
There is nothing wrong with a share of the profit, if he gives you... dirhams to put into clothes, and you sew and sell for half the profit, or a quarter of the profit, and he does not bear any loss. The money he gives you, he has a shared portion of the profit, and the profit is between you and him, and the loss is on him, not on you, provided you did not waste, neglect, or fall short.
This is called a mudarabah. If he gives you money, one thousand riyals, or ten thousand, or more, or less, on the condition that you put it into tailoring and sell it, then the profit is between you two, or in halves, or thirds, or quarters; there is nothing wrong with that. However, it is a trust, and you are not liable to guarantee it, if you did not neglect, transgress against it, or fall short. If a decrease occurs, the decrease is on him, not on you. As for the profit, it is shared between you two according to the conditions between you. If you stipulated that he has half, there is nothing wrong; or a third, there is nothing wrong; or a quarter, there is nothing wrong; or less, or more, between you two.
Question: And he does not bear two losses?
Answer: The worker does not bear the loss.
Question: The worker does not bear it, and the owner of the money bears one loss?
Answer: If the worker did not neglect. But if he was lax and lent it to weak people, who want a guarantee, who want a pledge, or left the shop open until it was stolen, or something similar to that, he is liable.
I have a shop, and there is nothing in it. I am a skilled craftsman, meaning a men’s tailor, and I wanted to work in this shop, but I did not find anyone to help me buy the necessary equipment... to the end of the question, meaning some of the brothers donated some money to him to set up the shop, and supported him with a share of the profit and a part of the loss. What is your opinion, Your Eminence, on that?
Answer:
There is nothing wrong with a share of the profit, if he gives you... dirhams to put into clothes, and you sew and sell for half the profit, or a quarter of the profit, and he does not bear any loss. The money he gives you, he has a shared portion of the profit, and the profit is between you and him, and the loss is on him, not on you, provided you did not waste, neglect, or fall short.
This is called a mudarabah. If he gives you money, one thousand riyals, or ten thousand, or more, or less, on the condition that you put it into tailoring and sell it, then the profit is between you two, or in halves, or thirds, or quarters; there is nothing wrong with that. However, it is a trust, and you are not liable to guarantee it, if you did not neglect, transgress against it, or fall short. If a decrease occurs, the decrease is on him, not on you. As for the profit, it is shared between you two according to the conditions between you. If you stipulated that he has half, there is nothing wrong; or a third, there is nothing wrong; or a quarter, there is nothing wrong; or less, or more, between you two.
Question: And he does not bear two losses?
Answer: The worker does not bear the loss.
Question: The worker does not bear it, and the owner of the money bears one loss?
Answer: If the worker did not neglect. But if he was lax and lent it to weak people, who want a guarantee, who want a pledge, or left the shop open until it was stolen, or something similar to that, he is liable.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
