How is profit determined in a partnership of labor (Sharikat al-Abdan)?
General Chapter
Al-Mughni
Book of Partnership
Primary text
Profit sharing in a partnership of labor is determined by the mutual agreement between the partners, whether they agree on equality or proportionality. Profit accrues because of the labor performed, and since the labor contribution can differ, so too can the profit share. Each partner has the right to demand payment for their labor, and the entity paying can discharge its obligation by paying either partner. If an item held in the partnership perishes without negligence while in the possession of one partner, the loss falls upon both partners jointly, as they are considered co-agents regarding claims. Each partner is responsible for the work they undertake, as this specific type of partnership necessitates mutual guarantee (dhaman). Thus, the partnership implicitly includes a guarantee by each partner for the other regarding obligations incurred.
Supporting text
The view of Al-Qadi suggests that neither partner may be held responsible for obligations incurred by the other, based on previous reasoning. Furthermore, any damage resulting from the aggression, negligence, or possession of one partner, which necessitates liability, rests solely upon that individual. If one partner admits to possessing an item, this admission is binding upon him and his partner because the possession is shared, making his admission regarding the shared item valid, but not his admission regarding items in his partner's sole possession, nor regarding a debt owed, as he has no possession over those matters.