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The question

Is it permissible to lease a commercial shop for a percentage of the profit or interest, and does this apply to machinery and animals?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed on the permissibility of the wage being a percentage of the profits. The majority of them prohibited it due to the uncertainty of the wage, drawing an analogy to the Prophet's (peace be upon him) prohibition of hiring a worker until his wage is made clear to him. However, the Hanbalis permitted it, drawing an analogy to musaqat (irrigation contract) and muzara'ah (cultivation contract), where it is permissible to give land to someone to cultivate it for a known share of its produce. They cited as evidence the Prophet's (peace be upon him) arrangement with the people of Khaybar, giving them half of what was produced from it. Some meticulous scholars have favored the view of the Hanbalis, considering this to be a form of partnership (musharakat) rather than a rental (ijarat). They cited the of Khaybar and the permissibility of (profit-sharing partnership) as evidence. Based on this, it is permissible for the owner of a shop, machine, or animal to rent it out for a percentage of the profit.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
67725
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy