Is a partnership valid if one partner contributes a tool (adah) and the other a house, and they agree to work using the tool within the house, splitting the earnings?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The partnership is valid. The earnings are divided according to their agreement because the partnership is established based on their labor, and labor entitles one to profit in partnership. The tool and the house do not entitle the owners to profit because they are used in the shared work, analogous to two beasts of burden hired for a joint task.
Supporting text
If the partnership is deemed invalid (fasad), what is acquired is divided according to the value of their labor wages and the hire value of the house and the tool.