Is a partnership valid when one party agrees to manage ('aqabala) and the other party agrees to work, with the wage to be split between them?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 1 · Bab 1

Open in Qurani

Primary text

The partnership is valid in this arrangement. This is because undertaking the guarantee (daman) in the work entitles the managing party to a share of the profit. This is analogous to the partnership of bodies (shirkat al-abdān). The acceptance of work imposes liability (daman) upon the one who accepts the work, thereby granting him the right to profit. This situation descends to the level of a *Mudarabah* (profit-sharing partnership), where the work performed by the laborer entitles him to a profit share, similar to the laborer in a Mudarabah.

Supporting text

Zafar maintains that this partnership is invalid. Consequently, the worker is not entitled to the specifically named wage but is only entitled to the prevailing wage for similar labor (ajrat al-mithl).