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How is the remaining amount from the liquidation of a medical laboratory distributed among the partners, after settling debts, given that the management was shared without an initial capital contribution from them, and that one of the partners injected additional funds to cover expenses?

1 min readAlso available in العربية

In a partnership, the profit-sharing ratio must be agreed upon. If it is not agreed upon, the partnership is invalid (fasidah), and all profit belongs to the capital owners, and the loss is borne by them. There is a difference of opinion regarding the worker's remuneration in this case: some say he receives a fair wage (ujrat al-mithl), others say a fair wage conditioned on there being profit, and yet others say he receives a fair share of the profit (ribh al-mithl).

In a valid partnership (sharika sahihah), the profit is distributed according to their agreement, and the loss is borne by the capital owner, while the worker loses his effort.

The preponderant opinion regarding an invalid Mudarabah (commenda) is that the worker is entitled to a fair share of the profit (ribh al-mithl), not merely a fair wage (ujrat al-mithl).

If the partnership is losing money, the loss is borne by those who provided the capital, proportional to their share in the original capital.

If there is no profit, the worker receives nothing in an invalid Mudarabah.

The remaining capital is divided among the capital owners, with each partner bearing the loss in proportion to their contribution to the original capital, provided that the loss was not due to transgression or negligence on the part of the worker.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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