Is it permissible for one person to partner with another in a business, sharing equally in capital, profits, and losses, provided that the second partner pays an additional sum (two thousand dinars) as a difference in capital, on the condition that this sum be taken from the business's profits, while the 50/50 ratio remains?
The question involves two matters: The first pertains to the partnership between the questioner and their partner (a "Shirkat al-Inan" - an equal partnership in capital and labor), and the second concerns the partner contributing 7,000 dinars and the questioner 3,000 dinars, with the understanding that the partner will take the difference from the profits. There is no objection to this, as the partner is considered to have lent the questioner 2,000 dinars, which will be repaid from the questioner's profits. If the partner agrees to have the debt repaid from the total profit, there is no objection to that, and it would be considered that they have absolved the questioner of half the debt.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 69263
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- . 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