Is a partnership valid if two individuals each owning an animal agree to rent them out together and share the earnings?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The partnership is valid when two men, each owning a beast, agree to rent them out, and whatever sustenance God provides is shared equally between them. If they jointly accept the carriage of a known item to a known location under their guarantee, and then load it onto the beasts or other means, the agreement is valid, and the rent is shared between them according to their stipulated terms. This is because their acceptance of carrying the load establishes a liability (guarantee) upon their responsibility. They are permitted to carry it using any means available, and the partnership is established upon this guarantee, similar to a partnership of liability (Shirkat al-Wujuh).