What is the jurisprudential ruling on the division of profits of a commercial establishment where the share of the working and toiling partner is less than the share of the capital-providing partner who does not work?
It is permissible for two individuals to partner in a company, one contributing with his labor and the other with his capital, and they divide the profit according to their agreement, whether the capital is equal or different. There is no objection for the owner of the capital to stipulate a specific percentage of the profit, and the worker's share shall be what they mutually agree upon. If the father has transferred ownership of the shop to the two partners, then the questioner's husband (owner of a share of the shop) has the right to receive a known rent for the part he owns, in addition to his share of the profits.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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