Is it permissible to participate in a business venture where the capital is from me and the work is from a partner, with the agreement that I bear any loss in exchange for splitting the profit equally?
The condition that one partner alone bears the loss is invalid. Profit and loss are distributed according to each partner's share of the capital. It is permissible for one partner to work alone, either by volunteering his labor or by stipulating an agreed-upon wage. Some scholars have permitted the working partner to stipulate a percentage of the profit in addition to his percentage from his share of the capital. This is closer to Mudarabah, which is when one person gives money to another to trade with it, and the latter receives a percentage of the profit. The capital is not guaranteed except in cases of transgression or negligence. The agreement should be clear, defining the capital owner's responsibility for his share of the loss if the working partner did not transgress, and defining a known percentage for the working partner in exchange for his effort.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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