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Hadith source regarding sharing both profit & loss in business

229 viewsJuly 12, 2023General (Misc)business hadith

In business, people invest in other’s businesses for profit in return. In case of loss, they refuse to bear it and as to return their money. What is the wa’eed in hadith for such people. If you can share with Hadith source.

Bismillahi Ta’ala

Walaikum Assalam Warahmatullah

The principle that governs the loss specifically in understood from the statement :

الربح على ما شرطا والوضيعة على قدر المالين
Profit is according to the mutual conditions, while the loss is according to respective contribution.

Author of al-Hidaya has mentioned this as a narration of Rasulullah ﷺ. Allam Zayla’ee rh mentions that the chaints are ghareeb jiddan, and it has been mentioned in the books as statement of Sayiduna Ali radiAllahu anhu.

Regardless, as a principle this is the position of Ijma’ (consensus) of scholars that loss is to be distributed in the same ration as the investment of capital. Mufti Taqi Uthmani states:

…in the case of loss, all the Muslim jurists are unanimous on the point that each partner shall suffer the loss exactly according to the ratio of his investment. Therefore, if a partner has invested 40% of the capital, he must suffer 40% of the loss, not more, not less, and any condition to the contrary shall render the contract invalid.

There is a complete consensus of jurists on this principle. Therefore, according to Imam Shafi’i, the ratio of the share of a partner in profit and loss both must conform to the ratio of his investment. But according to Imam Abu Hanifah and Imam Ahmad, the ratio of the profit may differ from the ratio of investment according to the agreement of the partners, but the loss must be divided between them exactly in accordance with the ratio of capital invested by each one of them. It is this principle that has been mentioned in the famous maxim:

Profit is based on the agreement of the parties, but loss is always subject to the ratio of investment.

~ Introduction to Islamic Finance, Pg 24

Wallahu A’lam

And Allah Ta’āla Knows Best
Mufti Faisal al-Mahmudi

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