Is the lender entitled to consider the debt and the capital he paid into the business as his share in the partnership after his partner violated the agreement?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The partnership is valid, and each partner owns a share of its capital proportional to what they paid, even if the capital contributions of the two partners differ. The friend's promise to repay the debt is not a condition for the partnership. You are permitted to collect your debt from his profits or capital without his permission if he is a defaulter, and this falls under the ruling of "al-Zafar" (obtaining one's right).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/98223
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 98223
- 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