Determining capital and profit distribution when two agents manage joint capital and the owner disputes the initial capital amount.

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 3 · Bab 1

Open in Qurani

Primary text

If capital is managed on a half-share basis and totals three thousand upon liquidation, and the owner claims the principal was two thousand, while one agent confirms this and the other denies it (claiming it was one thousand), the statement of the denier (the one claiming one thousand) is accepted upon taking an oath. If the oath affirms the principal was one thousand and the profit two thousand, the denying agent's share is five hundred. The owner receives two thousand because the other agent confirms that amount. The remaining five hundred remains as profit between the owner and the confirming agent, divided into thirds: two-thirds for the owner and one-third for the confirming agent. This conforms to the opinion of Al-Shafi'i.

Supporting text

The remaining profit is divided such that the owner receives half of his profit share, and the confirming agent receives one-fourth. The remaining profit is then divided among them in three parts based on the profit portions due to them.