What is the ruling on Partnership of Bodies ('Sharikat al-'Abdān) based on labor alone?
General Chapter
Al-Mughni
Book of Partnership
Primary text
Partnership of Bodies, where two or more individuals agree to share what they earn through their hands, such as craftsmen, is valid. This also applies when they share what they acquire from permissible general resources like firewood, fodder, mountain fruits, minerals, or spoils taken from enemy territory (dar al-ḥarb). Imam Ahmad explicitly stated there is no issue with partners sharing based on their physical efforts without capital, such as hunters, carriers, or porters. Evidence supports this as the Prophet (peace be upon him) partnered 'Ammār, Sa'd, and Ibn Mas'ūd on the day of Badr, where Sa'd returned with two captives while the other two brought nothing, and the Prophet (peace be upon him) confirmed the arrangement.
Supporting text
Abu Hanifa holds that partnership is valid in craftsmanship but invalid in acquiring permissible resources like gathering wood or scavenging for spoils, arguing that partnership implies agency, which is invalid for things one immediately owns upon acquisition. Al-Shafi'i deemed all Partnerships of Bodies void because they are contracts based on something other than capital. The ruling that spoils of Badr were shared despite the general rule (that what is taken by force is for the taker) is explained by the fact that the partnership preceded the divine ruling regarding the general spoils (Anfāl), and the partnership was specifically regarding the personal spoils (Salab) of the killed enemy combatants, which Imam Ahmad and Malik supported as exclusive to the killer.