What is the ruling regarding the share of the laborer (*al-Amil*) if the capital provider (*Rabb al-Mal*) dies?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 1 · Bab 1

Open in Qurani

Primary text

The laborer's share takes precedence over the claims of the capital provider's other creditors, and they may not take anything from the laborer's portion. This is because the laborer possesses the profit by its manifestation, making him a partner in it, analogous to a partner whose capital is provided. Furthermore, the laborer's right is attached to the capital asset itself, not the personal liability (*dhimma*) of the deceased, making it a prior claim, similar to the right arising from wrongful injury (*Jinnaya*). Lastly, the right is established in the asset prior to death, giving it precedence, like the right of a pledge (*Rahn*).