Is it permissible to take a 5% share of a person's business profits in exchange for a sum of money paid to him, and then obtain goods from his store at cost price instead of monetary profits?
Firstly: It is permissible to give money to someone who trades with it for a known percentage of the profit, not the capital, on the condition that the capital is not guaranteed except in cases of transgression or negligence, and that the field of trade is permissible. It is permissible to give him money to buy something to trade with, or a machine to work on, for a percentage of the income. This is the view of the Hanbalis, by analogy with Musaqat (irrigation contract) and Muzara'ah (agricultural partnership).
Secondly: In a partnership, it is permissible for one or all partners to take amounts on account if the company's profits become apparent, and the amount taken does not exceed the partner's share of the apparent profits. However, before the profits become apparent, it is not permissible. If goods are taken and recorded, then deducted from the partner's share of the profit, there is no harm. And if the profit is known daily and the goods are taken in exchange for the profit, there is no harm, and it is permissible to take them at their purchase price or their selling price according to the agreement.
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- Original fatwa ID
- 16826
- Imported
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- Source text, unreviewed
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