Partnership and division

Question

Question: There was a firm in the name of Zayd and ʿUmar in which “sangi-rasmi” work (a kind of trade; exact meaning not established) was done; its owners and managers of the work were Zayd, Khalid, Salman and Sabir, and their meals were in common. Salman, when mutual relations became unpleasant, took his share of the capital and the house and started a separate business. After that Zayd, Khalid and Sabir remained the owners of the firm, and the meals remained in common.

Answer

If they have “valuable” (?) proof that they acquired the land with separate capital and did not acquire it with the joint capital, their word will be accepted and that land will not be deemed joint; that is, all the partners in the whole firm will not be regarded as shareholders in it: the one whose capital has gone into that land is its owner, and the others have no right to…

Source: Fatawa Mahmudiyya

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