The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1825- If two properties are mixed in a way that they cannot be distinguished from each other, and separating them from each other is not possible, partnership occurs in that property, whether this is done intentionally or not. Also, if they pronounce a formula declaring partnership, in Arabic or in any other language, or express their intention of becoming each other’s partner through a certain act, the partnership will be valid for the properties for which they have intended to be partners, and it will not be necessary for them to mix the two properties.

Issue No.1827- If two persons enter into a partnership, on the terms that each of them would purchase the commodity on his own credit, and each would be responsible for the payment of its price, but would share the commodity and its benefits, that partnership is not valid. However, there would be no objection if each of them makes the other one his agent, authorising that whatever one purchases on credit, the other will be a partner in, which means that he and his partner are responsible for the debt, in this case they will be considered partners in that commodity.

Issue No.1829- There is no harm if it is stipulated in the agreement of partnership, that the partner who undertakes the works should get a larger share of the profits, or on the contrary, the one who does not work or works less than the other partners, should get a larger share of benefits (to go easy on him or for any other considerations). However, if it is agreed that the entire benefit will be owned by one person, it will not be in order, but if it is agreed that the entire or the greater part of the loss should be borne by one partner, it will be correct.

Issue No.1835- If the person who trades with the capital of the partnership declares that the capital has perished without negligence and extravagance, and the other party claims that he is treacherous but he has no evidence to prove it, in case the trader takes an oath before the Mujtahid or his representative, his statement should be accepted.

Issue No.1842- The formula of compromise can be pronounced in Arabic, English or any languages. Rather, any practical step which clearly indicates that the two parties involved want to compromise through it will be sufficient.

Issue No.1886- If a person who dyes fabrics agrees to dye a cloth, for example, in a specific way, but he dyes it in a different way, he has no right to claim wages, rather, if he has damaged the cloth, or has caused it to lose its value, he is responsible. This rule also applies to tailors, shoemakers, etc.

Issue No.1889- It is not allowed as an obligatory precaution for the landowner or the farmer to agree that a certain quantity of the crop, (for example, a ton) will belong to him, and the remaining quantity will be divided between them.

Issue No.1893- The landowner and the farmer cannot cancel the contract of Sharecropping without each other’s consent. However, if they had agreed in the contract that one or both of them would have the right to cancel, they act according to the agreement.

Issue No.1921- If a person dismisses his agent, he (the agent) cannot perform the task entrusted to him after he is informed of his dismissal. However, if he has already performed the task before the news regarding his dismissal reaches him, it will be in order. An agent can relinquish the agency whenever he wants to, even though the principal may be absent.

Issue No.1936- As we said earlier, the executor can leave the task incomplete. However, if his failure to complete the task causes harm to the person who appointed him, he should complete it, and if he does not do so, he is responsible. For example, if a person tells the surgeon, “If you operate on my eye, I will give you this much money”, and he starts the operation yet suddenly he chooses to not complete the operation and this may harm the eye in this case he has no right to demand his fees from the employer, and he will also be responsible for the loss and the damage.

Issue No.1937- If the executor leaves a job incomplete, for instance, he looks for the lost property for a while and then gives up looking, he has no right to demand any wages. Similarly, if doing a part of the job is useful, like sewing part of a dress yet the wages fixed was for the completion of the work, he still would not be entitled to demand wages. However, if his intention was that he would receive wages for whatever amount he did, he should give the tailor the wages for the amount of work he has done.

Issue No.1940- The quantity and the commodity which is lent should be specified; also both the creditor and the debtor should be mature and sane, and they should not be mentally incompetent or should not have been prohibited from having discretion over their property, and they should take action with their own free will and intention, and no force, compulsion or jest should be involved.