What is the legitimate percentage that each partner should take, knowing that one partner owns the property and invests part of his profits into the office's capital, while the initial capital, effort, and responsibility are borne by the other partner, with the division having continued equally for five years?
The aforementioned company is impermissible and must be dissolved, because the capital of one of the partners is real estate, and the capital in this type of company must be in cash, or an asset valued in cash at the time of concluding the contract, which is not present in the described scenario. The owner of the real estate is entitled to rent from the other partner for its use. As for the amount the real estate owner contributes to the capital, the profits generated from it belong to him, and the other partner owes him a similar wage for his work with the real estate owner’s capital.
If they wish to establish a valid company after dissolving the invalid one, the capital can be provided by both of them or by one of them, and the work can be done by both of them or by one of them. The real estate should then be rented from its owner using the company's capital.
The questioner's objection does not affect the validity of the company, because it is permissible for there to be a disparity in profit distribution according to the agreed-upon condition, even if there is a disparity in the capital and work contributed by the two partners.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/94715
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 94715
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy