Is a partnership valid if one partner contributes a beast of burden, and the other contributes its saddle (ikaf) and panniers (jawaliqat), and they agree to rent them out jointly, splitting the rent?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The contract is invalid if they agree to rent them out jointly and split the resulting rent. This is because this constitutes a partnership in the use/benefits of assets that cannot be jointly owned themselves. This scenario is interpreted as one saying: 'Rent your animal so its rent is between us, and I rent my panniers so their rent is between us.' Consequently, the entire rent belongs to the animal's owner as the owner of the principal asset, and the other party is due only the like-wage for the use of his accessories under the invalid contract.
Supporting text
If each party contracts to rent out their owned item separately, each receives the rent for their own property. Similarly, if one man says to another, 'Rent your slave, and the wage is between us,' the wage belongs solely to the slave's owner, and the other person is due only the like-wage.