Whose statement is accepted when the parties disagree on the agreed profit share percentage?
General Chapter
Al-Mughni
Book of Partnership
Primary text
There are two narrations from Ahmad regarding a dispute where the manager claims half the profit and the owner claims one-third. The primary narration states that the capital owner's statement is accepted. This is supported by Al-Thawri, Ishaq, Abu Thawr, Ashab al-Ra'y, Ibn al-Mundhir, and Ibn al-Mubarak. This relies on the principle that the owner denies the validity of the larger share claimed by the manager, and the statement of the denier is accepted.
Supporting text
A second narration suggests that if the manager claims a profit share equivalent to the customary wage (ajr al-mithl) plus an amount generally accepted in trade fluctuations, the manager's statement is accepted for the portion matching the customary wage, even if the total claim is higher. Al-Shafi'i suggests mutual imprecation (tahaluf) because they are disputing the consideration of a contract, similar to buyers and sellers.