What should be done regarding the partners who abstain from paying expenses and regarding the partner who covered these expenses, in an unofficial partnership that is currently facing difficulty in selling due to its incomplete work?
Partners are permitted to dissolve a partnership and receive their share, as a partnership is a permissible (ja'iz) and non-binding (ghair lazim) contract. Upon dissolution, a partner is entitled to their capital along with their profits, or what remains of it if there was a loss. If the partners wish to continue but refuse to increase capital to offset the loss, the remaining partners are permitted to increase the capital to preserve the remaining assets from being lost. The partners who refused are not entitled to claim a return from the funds that others added, unless they pay their share of the expense. The jurists have stipulated that if two partners need to avert harm or maintain a benefit, one of them may be compelled to agree with the other. If one of them independently bears the expense of averting harm, the other is not entitled to benefit from what their partner did unless they pay their share of the property's expense.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 69462
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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