العروة الوثقى الزيدية - موقع إسلامي يهدف لتعريف الزائر بفكر وتراث المسلمين الزيدية

The Question

Question: A man brought a commodity and said to another man: “I will partner with you in this commodity, but you furnish the price.” The man agreed and furnished the money, and the two men became partners in the commodity on the basis that profit is half-and-half and loss half-and-half. What is the ruling on this partnership?

The Answer

Answer—and Allah is the One who grants success: What appears to me is that the partnership is valid.
If it is said: This partnership comprises a loan from the payer and brings a benefit, since he did not lend his fellow except on condition that they both share in the commodity and then in the profit.
We say: There is no objection to stipulating such a benefit; for it is a benefit not at the borrower’s expense, but rather it is shared equally between them. The borrower takes his profit and the lender takes his profit.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2