Partner & Worker
Is the co-owner permitted to take a wage or commission for his work?
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
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. 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.
And Allah Ta’āla Knows Best
Hanif Yusuf Patel
Student Darul Iftaa
Checked and Approved by,
Mufti Ebrahim Desai.
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]
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]
 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]
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Posted in Buyoo' (Money-related issues) on 16th Feb 2016 by Our Imam | 599 Views