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The question

Does the first person, whose partnership was in the same shop that closed, deserve a share of the profits of the new shop that the other two partners rented and moved the shop's tools to?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed on the validity of a partnership where one partner's capital consists of assets (such as a shop and tools) and the other's is money, or where both partners contribute assets. The majority of scholars consider such a partnership invalid, whereas Ahmad and Malik permitted it, provided that the value of the assets is assessed at the time of the contract and considered as capital. This is the more preponderant opinion. Therefore, if there is an agreement to assess the shop and consider it a share in the company's capital, the partnership is valid. Upon its termination, each partner takes their share of the capital, and profit or loss is divided according to the agreement. However, if the agreement is that one partner contributes the shop and retains ownership of it, while the other partners contribute money and retain ownership of it, then this is an invalid contract. In such a case, each partner retrieves what they contributed and guarantees the other's labor wages.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
77867
Imported
Translation status
Source text, unreviewed
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