Partner & Worker
Shortened Question:
Is the co-owner permitted to take a wage or commission for his work?
Question:
Assalamualaikum W W, Respected Mufti Saheb, A person owns a commercial property for which he is receiving rentals. He sells 50% of the property to an investor and both own the property (50% each). The initial owner collects the rentals and now attends to tenant problems. Is the initial owner permitted to take a wage or commission for his work?
If he is permitted to take a wage, do both parties have to agree to a figure or is he permitted to take any wage as he deems permissible? Jazakallah
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
It is not permissible for an active partner in a partnership to take wages for his services in the partnership[1]. However, the partners may mutually agree to increase the share of the rental profits received by the initial owner in order to compensate him for his services[2].
And Allah Ta’āla Knows Best
Hanif Yusuf Patel
Student Darul Iftaa
UK
Checked and Approved by,
Mufti Ebrahim Desai.
References
[1]
وشرطها أي شركة العقد كون المعقود عليه قابلا للوكالة الخ وعدم ما يقطعها كشرط دراهم مسماة من الربح لأحدهما الخ
[Ad- Durr al-Mukhtar ma`a Radd al-Muhtar, 4: 305, H.M. Saeed Company]
صورت مذكورة ميں شریک کا اجیر ہونا لازم آتا ہے اور شرکت اور اجارہ جمع نہیں ہو سکتے
[Imdad al-Ahkam, 3: 330-1, Maktabah Dar al-Uloom Karachi; Imdad al-Fatawa, 3: 517, Maktabah Dar al-Uloom Karachi; Fatawa Dar al-Uloom Deoband, 13: 55, Dar al-Isha`at, Karachi]
See: http://themajlis.net/Article178.html
Or http://www.themajlis.co.za/index.php?option=com_content&view=article&id=36:the-question-of-wages-for-a-partner&catid=35:q-a-a&Itemid=2 in response to Ahsan al-Fatawa, 7: 321-8]
[2] ويجوز التفاضل في الربح مع تساويهما في رأس المال
[Fatawa Alamgiriyyah, 2: 310; Al-Lubab fi Sharh al-Kitab, 3: 308, Dar al-Basha`ir al-Islamiyyah]
[Imdad al-Ahkam, 3: 331, Maktabah Dar al-Uloom Karachi]
DISCLAIMER:
The Ask Our Imam site hopes to respond to queries relating to Islamic law. It is not an Islamic Law Shari`ah Court. The questions and answers found on this website are for educational purposes. However, many of the rulings rendered here are distinct to the specific scenario and thus should be read in conjunction with the question and not taken as a basis to establish a verdict in another situation or environment. This site bears no responsibility in these responses being used out of their intended context, nor to any party who may or may not follow the responses given and is being hereby exempted from loss or damage howsoever caused. None of the responses rendered may be used as evidence in any Court of Law without prior written consent of Our Imam. Any reference to another website or link provided in our responses or article should not be taken as an endorsement of all the content on that website; in fact, it is restricted to the particular material being cited.
Posted in Buyoo' (Money-related issues) on 16th Feb 2016 by Our Imam | 999 Views
