Is the partner obligated to pay half the value of the spoiled goods that he did not supervise the packing of due to an emergency, even though the original agreement did not specify a profit percentage?
For the partnership and (profit-sharing) agreement to be valid, the share of each party in the profit must be specified. Otherwise, the contract is void ().
A void contract must be annulled. If the two parties wish to establish a new contract, the share of each in the profit must be specified as a common share, not a known amount. For the period that has passed, a fair market wage (ujrat al-mithl) or an equivalent qirad (profit-sharing) payment is due.
Regarding compensation, if market experts prove your negligence in supervising the packaging of the goods, you are liable for the loss of the capital. The void nature of the contract does not nullify guarantees. If you are liable and you reach an agreement with the capital owner to waive some of the guarantee, then there is no harm in that.
The seller of the goods is obliged to return them if their falsity and non-conformity with the contract are proven. The guarantee becomes effective only after the inability to return the goods.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/90183
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 90183
- 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