Is it permissible for my mother-in-law to waive all her profits from selling pesticides to me, knowing that another person is a partner in the shop for a share of the profit?
First: This transaction is called "" or "Qirad." It is permissible for the owner of the capital to enter into a Mudarabah with more than one person simultaneously, provided there is no harm to the first partner. In this case, there is no harm to the first partner because this type of pesticide is new to the shop.
Second: The principle is that profit should be shared between the owner of the capital and the Mudarib (the working partner). However, if they agree that one of them takes the profit exclusively, the contract is valid as a gift and donation. This transaction is called "Ibdah," where all the profit belongs to the capital owner.
Accordingly, there is no harm in this partnership, whether the first partner knows or not, and whether your mother-in-law waives all profits or not.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 17351
- 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.
- Read the full ruling
- Read the full answer on Ftawy