What is the ruling on a partnership for car maintenance and sales in the described manner, which includes defining capital as a loan, estimating wages for labor, and dividing profits equally after the capital is repaid? And what is the ruling on the broker taking a 10% commission from the sale or an amount of 2000 Riyals in exchange for bringing customers?
It is permissible for the lender to pay his share of the company's capital after lending it to the borrowers. In this case, the relationship is a loan that does not enter into the partnership. The profit will then be distributed among the partners as agreed upon, and losses will be divided according to each one's share in the capital. If the loan is not a true loan but rather financing from one of the partners, the partner should enter into a (Anan) contract if he participates with both his effort and capital, or a contract if he participates with his capital only. He can secure the capital by lending the partners their shares, provided he does not stipulate their participation with him. There is no harm in estimating a fixed amount for the labor cost or the broker's commission. However, if the broker's commission is a percentage of the profit, the majority of jurists do not permit it due to uncertainty (Jahalah).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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