One of them says, “We are partners,” and the other replies, “No problem.” The arrangement is then according to whatever they agree upon.
It is valid for a specified term or without restriction. Thus, they may say, “We are partners today,” “We are partners this month,” or “We are partners this week.” Or they may leave it open-ended, in which case they may dissolve it whenever they wish.
Ownership is according to whatever they stipulate, profit is according to whatever they stipulate, and loss is in proportion to the capital.
This type of partnership involves no capital; rather, it consists solely of labor. The difference between it and a partnership based on reputation is that, in a partnership based on reputation, the two partners receive capital from a third party and work with their own labor. In this type, however, neither receives capital from anyone, nor does either of them contribute capital; rather, they simply partner in labor.
His statement, “and all other lawful things,” includes catching fish, collecting pearls, and similar things from the sea. This is permissible, and it is a labor partnership.
It also includes partnering in gathering desert truffles, which grow in the open country; they gather them and sell them.
It also includes partnering in hunting—for example, when two people go to a place where game is abundant and form a partnership. This too is a labor partnership.
Among the forms of partnership in labor is for both of them to be carpenters, for example; or for one to be a carpenter, the second a blacksmith, and the third a builder, and they form a partnership. This too is permissible and is called a labor partnership. It may sometimes occur among those of the same trade, such as two carpenters partnering in a workshop where they work