How is profit distributed if one partner in a partnership of labor performs all the work while the other does none?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If one partner labors and the other refrains from labor, the resulting earning remains divided between them. This is established in the narration attributed to Imam Ahmad concerning two men partnered in labor where one accomplishes work and the other does not, analogized to the incident of Sa'd and Ibn Mas'ud. The distribution remains because the labor itself is a joint guarantee for both partners, and the wage obligation arises from this joint guarantee, thus belonging to both, just as the liability did. The working partner's effort is considered assistance to his partner concerning the latter's share, and this does not negate the working partner's entitlement to his agreed share, similar to a case where a hired tailor hires another to assist him; the main contractor remains entitled to the full wage.
Supporting text
It is suggested that if a partner abandons work without a valid excuse, he should not share in the wage earned by the working partner, as the partnership was conditional upon mutual labor. If one partner fails to fulfill his agreed obligations, he forfeits what was stipulated for him in return. This reservation applies when abandonment occurs without valid cause (udhr), as such circumstances are unavoidable.