with his rice, saying, “Cars are more profitable.” It is well known that this course of action harms him.
His statement, “and he does not consent”: if he does consent, then there is no problem, because the right belongs to him.
His statement, “nor may he enter into another profit-sharing arrangement”: the author has not stated the ruling explicitly. Is it disliked or prohibited? When this expression occurs in the words of scholars—“he should not do such-and-such”—it may indicate either dislike or prohibition. For example, if they say regarding prayer, “he should not do such-and-such during the prayer,” this may indicate either dislike or prohibition. However, the jurists have explicitly stated that it is prohibited. Thus, it is prohibited for the working partner to enter into a profit-sharing arrangement with another person’s capital when the two aforementioned conditions are present: that it harms the first capital owner and that he does not consent. If it does not harm him, there is no problem; and if he consents, there is no problem.
If the working partner nevertheless proceeds and enters into a profit-sharing arrangement with another person’s capital despite the harm, the author says:
“If he does so, he must return his share to the partnership.”
That is, if the working partner enters into a profit-sharing arrangement with another person’s capital and makes a profit from the second arrangement, he must return his share of that profit to the first partnership, as though he had earned it from the first capital, because the working partner’s time is owed to the first capital owner.
For example, a man gives someone ten thousand riyals in a profit-sharing arrangement, with the profit divided equally. The working partner then takes another ten thousand riyals in a profit-sharing arrangement from someone else. The first ten thousand yields a profit of one thousand riyals, of which the working partner’s share is five hundred. The second ten thousand yields a profit of ten thousand riyals, of which the working partner’s share is five thousand riyals. We therefore add the five thousand to the one thousand, because the working partner’s share from the second arrangement is five thousand. We add the five thousand to the one thousand, as though the first profit-sharing arrangement