Is it permissible to agree on the division of profits as follows: one-third for the capital provider, one-third for the worker, and one-third for the premises, with the capital provider bearing the entire loss?
Clarifying the issue depends on defining the nature of the relationship between the questioner and his friend. It is assumed to be a Mudarabah (profit-sharing) relationship, where the questioner is the Mudarib (agent/worker) and his friend is the Rab al-Mal (capital owner). Based on this assumption, there are several possible scenarios:
1. First Scenario: If the agreement before commencing work was that the worker (the questioner) would receive two-thirds of the profit and the capital owner one-third, and the capital owner would bear the loss, and there was no agreement on rent for the shop, then this agreement is permissible. This is because profit distribution is done according to the agreement, and losses are borne by the capital.
2. Second Scenario: If the agreement before commencing work was that the worker would receive one-third of the profit and the capital owner one-third, and the remaining third was in exchange for the rent of the shop or a part of it, then this agreement is impermissible. This is because the rent must be a known amount and cannot be a common percentage of the profit. In this case, the market rent for the shop must be calculated first, and then the profit is equally divided after deducting the rent.
3. Third Scenario: If there was no agreement before commencing work on how to divide the profit or on rent for the shop, and then after the work, the worker wanted to give the capital owner one-third of the profit and take two-thirds (one-third for himself and one-third for the shop's rent), then this transaction is invalid for two reasons: Mudarabah is only valid when there is a known share of the profit. A known rent for the shop must be specified from the beginning; otherwise, the lease is invalid. In this case, all profit belongs to the capital owner, who also bears any losses, and the worker must pay the capital owner the market rent for the shop.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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