Must the partner pay half the cost of repairing the vehicle after the termination of the verbal partnership, especially after the division of profits and his refusal to contribute to the repair?
The majority of jurists do not validate the partnership between the owner of the animal and the worker tending it in the profits of its labor. As for the Hanbalis, who do validate it, they do not permit holding the renter (worker) responsible for damages to the vehicle, because the worker's possession of it is a trust (), and thus he is not liable unless there is transgression or negligence. Stipulating his liability in the contract is void. The transaction described is invalid according to the majority of jurists. In such a case, all profit belongs to the owner of the vehicle, and he is responsible for its damages, while the worker is entitled to a wage equivalent to his work, to be determined by experts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 188030
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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