One Form of Partnership

Question

Umar and Bakr are two full brothers; Umar is the elder and Bakr the younger. Some time ago it was agreed orally between Umar and Bakr that a shop would be opened in partnership (shirka). Meanwhile, through Umar’s mediation, a shop was obtained from Umar’s brother in the tariqa (Sufi path): this brother in the tariqa, Zayd, gave it for eight thousand rupees as key money for the tenancy right, saying: “I am giving it only for Umar’s sake.

Answer

The shop was in fact started precisely in partnership — what doubt is there about that? As long as the partnership transaction has not been terminated, the partnership remained in force throughout, and, according to the agreement, Umar too remained entitled to the income. To conclude a partnership and start the business, and then (when the income has grown)

Source: Fatawa Mahmudiyya

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