Is Partnership of Bodies valid when the crafts or professions of the partners differ?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The validity of Partnership of Bodies when the crafts are identical is affirmed. When the crafts differ, Abu Al-Khaṭṭāb and Malik rule that it is invalid. This is because the implication is that whatever one partner contracts for labor-wise binds the other, but if the crafts differ, the second partner cannot fulfill the contracted work, meaning the obligation is imposed where capability is absent.
Supporting text
Al-Qadi ruled that it is valid because they contracted upon a permissible earning, similar to when crafts agree. He argues that even with agreed crafts, one partner might be more skilled, and that partner accepting work the other cannot do does not invalidate the partnership. If it is argued that the obligation binds both, Al-Qadi suggests it might mean the first partner must procure the work done by hiring someone else, or receiving the labor as a favor from another.