With the Hadith
Partnership in Islam
We greet you all, dear listeners everywhere, in a new episode of your program "With the Hadith." We begin with the best greeting: Peace, mercy, and blessings of God be upon you.
Abu Hurairah (may Allah be pleased with him) reported: The Messenger of Allah (peace and blessings of Allah be upon him) said: "Allah says: I am the third of two partners as long as one of them does not betray the other, but when he betrays him, I leave them." Narrated by Abu Dawood and authenticated by Al-Hakim
The author of 'Aun Al-Ma'bood, in explaining Sunan Abi Dawood, said: "(I am the third of two partners)", meaning: with them by preservation and blessing, I preserve their money, give them sustenance and goodness in their dealings.
"(I leave them)" meaning: the blessing disappears by removing the protection from them.
Razin added, "and the devil comes," meaning he enters between them and becomes their third.
Al-Tibi (may Allah have mercy on him) said: Partnership is an expression of mixing the money of some with others in a way that it cannot be distinguished, and Allah's partnership with them is by way of metaphor, as if He Almighty has made the blessing, bounty and profit in the place of mixed money, so He called Himself their third, and made the devil's betrayal and obliteration of blessing in the place of the mixed, and made him their third, and His saying "I leave them" is a candidate of metaphor.
And in it is the desirability of partnership, for the blessing is poured out from God Almighty in it, unlike when it is alone, because each of the two partners seeks the happiness of his companion,...
Dear listeners:
Partnership in language is mixing two or more shares in a way that one is not distinguished from the other. Legally, partnership is a contract between two or more people who agree to carry out a financial business with the intention of profit. The partnership contract requires the existence of offer and acceptance together, like all contracts. The offer is that one of them says to the other: I have made you a partner in such and such, and the other says: I accept. However, the aforementioned wording is not necessary, but rather the meaning, that is, it must be realized in the offer and acceptance a meaning that indicates that one of them addressed the other, orally or in writing, with partnership on something and the other accepts that. Agreement on mere participation is not considered a contract, and agreement on paying money for participation is not considered a contract, but rather the contract must include the meaning of participation on something, and a condition for the validity of the partnership contract is that the subject of the contract is a disposition, and that this disposition that is the subject of the partnership contract is capable of agency so that what is benefited by the disposition is shared between them.
Partnership is permissible because the Prophet (peace and blessings of Allah be upon him) was sent and people were dealing with it, so the Messenger approved them for it, so his approval, peace be upon him, of people's dealings with it was a legal evidence of its permissibility. Al-Bukhari narrated through Sulaiman bin Abi Muslim that he said: I asked Abu Al-Minhal about currency exchange hand to hand, and he said: I and a partner of mine bought something hand to hand and on credit, and Al-Bara' bin Azib came to us and we asked him, and he said: I and my partner Zaid bin Arqam did it, and we asked the Prophet, peace and blessings of Allah be upon him, about that, and he said: (Whatever is hand to hand, take it, and whatever is on credit, return it). This indicates that the Muslims were dealing with partnership, and the Messenger, peace and blessings of Allah be upon him, approved them for it.
Partnership is permissible between Muslims with each other, between Dhimmis with each other, and between Muslims and Dhimmis. It is permissible for a Muslim to partner with a Christian, a Magian, and others from the Dhimmis. Muslim narrated from Abdullah bin Umar, he said: "The Messenger of Allah, peace and blessings of Allah be upon him, dealt with them, and they were Jews, for half of what comes out of it from fruit or crops." And "The Messenger of Allah, peace and blessings of Allah be upon him, bought food from a Jew and pawned his shield to him," narrated by Al-Bukhari. Al-Tirmidhi narrated from Ibn Abbas, he said: "The Prophet, peace and blessings of Allah be upon him, died and his shield was pawned for twenty Sa'a of food that he took for his family," and for this reason, the partnership of Jews, Christians, and others from the Dhimmis is permissible because dealing with them is permissible. However, it is not permissible for the Dhimmis to sell wine and pork while they are in partnership with a Muslim, but what they sold of wine and pork before their partnership with the Muslim, its price is permissible in the company. The partnership is not valid except from someone who is allowed to dispose because it is a contract on the disposition of money, so it is not valid from someone who is not allowed to dispose of money, and therefore the partnership of the sequestered person and the partnership of everyone whose disposition is not permissible is not permissible.
Dear listeners, until we meet you with another prophetic hadith, we leave you in God's care, and peace, mercy, and blessings of God be upon you.