Fatwa No : 80156
explanation of a mode of corrupt Mudharaba contract

explanation of a mode of corrupt Mudharaba contract

1. Zaid was coming home, and he had three thousand rupees, Umar needed money, Umar told Zaid that you give me three thousand rupees, I will give you seven thousand rupees after three months, Zaid refused, due to this refusal, Umar told Zaid that you buy gold worth three thousand from someone, I will buy the same gold from you on a three-month loan, after three months I will give you seven thousand rupees, is the above-mentioned case of Zaid and Umar correct or not?
2. Zaid gave Umar thirty thousand rupees for business and there was no agreement between the two about how the profits would be divided. Umar took this money and put the goods in the shop. It should be remembered that Zaid had given Umar this money for only three months of business. After three months, Umar calculated and found that there was about ten thousand profit left. Out of this, if Umar deducts the rent of the shop, the electricity bill and his salary and divides the rest equally. Is it permissible to do so or not? Whereas earlier, there was no talk of deducting Umar's salary and the rent of the shop, etc. from the profit. It should be noted that this thirty thousand was not included in the entire shop. Rather, only telephone cards were purchased through it and that was the business. When the cards were sold, the money was also kept separate. This amount was not included in the total shop's account. Now, they want to divide this profit after three months. Please clarify on what basis the profit will be divided.

الجوابُ حامِدا ًو مُصلیِّا ً

1. The first case mentioned in the question is legally unlawful and forbidden, and it is necessary to avoid it. However, there is scope for adopting the second case mentioned.
2. The above case is of corrupt Mudaraba and its ruling is that Zaid is entitled to the total profit after three months of work and Amr will receive the salary of those three months, i.e. the salary that is paid to such a person for such work. Therefore, it is not permissible to deduct the rent of the shop and telephone bills from this profit. It is necessary to avoid it.

مأخَذُ الفَتوی

ففي البحر الرائق: لو باع فضة بفلوس أو ذهب بفلوس فإنه يشترط قبض أحد البدلين قبل الافتراق لا قبضهما كذا في الذخيرة اھ (6/ 211)۔
وفي المبسوط للسرخسي: وإن اشترى خاتم فضة أو خاتم ذهب فيه فص أو ليس فيه فص بكذا فلسا وليست الفلوس عنده فهو جائز أن تقابضا قبل التفرق أو لم يتقابضا لأن هذا بيع وليس بصرف فإنما افترقا عن عين بدين اھ (14/ 42)۔
وفي شرح المجله: وحكمها أن المضارب أمين بعد دفع المال إليه، ووكيل عند العمل وشريك عند الربح وأجير عند الفساد فله أجر مثله والربح كله لرب المال اھ (۴/ ۳۳۸) -