What is the ruling if the capital owner stipulates maintenance expenses?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the capital owner stipulates maintenance for the managing partner, then the partner is entitled to it, including provisions for food, clothing, transportation, and other necessities as stipulated.
Supporting text
Imam Ahmad, in one narration, preferred that a fixed amount of maintenance be stipulated, although an absolute stipulation is also valid. Imam Ahmad stated that the partner is entitled to food maintenance but not clothing unless explicitly stated. However, if the journey is long and requires replacement clothing, the apparent meaning of Ahmad's statement suggests it is permissible, provided it is not considered a burden on the owner's wealth or the primary purpose of the trip. Other scholars, such as Al-Qadi and Abu Al-Khattab, stated that if maintenance is stipulated, the partner receives all necessary maintenance, including food and clothing, according to what is customary.