Is it permissible for a partner to lease his share of merchandise in a shop to his co-partner for a year, with the ensuing profit or loss, and then return as a partner with his previous share, by mutual agreement between them?
This contract is void because it stipulates a fixed amount of money, which invalidates the partnership. It is not permissible for one of the partners to be given a fixed amount of money, or to profit from a specific, known sum. Rather, the share of each partner must be an undivided share of the profit. Furthermore, the condition of guaranteeing the capital in case of damage is considered a void condition.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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