The worker acquires ownership of his share of the profit as soon as it becomes evident, before any distribution, just like the capital owner; he may not take anything from it without the owner’s permission.¹
If the partnership is dissolved while the capital is tied up in merchandise and the owner is willing to take it, he must have it appraised and then hand the worker his share. If the owner does not agree, the worker must sell the goods and receive the price.
The worker is a trustee: his sworn statement is accepted regarding the amount of the principal, the existence or absence of profit, and any destruction or loss—even if he admits that profit was made. The owner’s word is accepted concerning the share he had stipulated for the worker.
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Third: shirkah al-wujūh (partnership of credit-worthiness). This occurs when two people who possess no capital partner to share the profit on what they purchase from others on credit; ownership and profit follow their agreement, while any loss is borne in proportion to ownership.
Fourth: shirkah al-abdān (partnership of labor). This is when they pool whatever their bodily effort earns from permissible resources—such as gathering herbage, collecting firewood, or hunting—or when they share the proceeds of any jobs they jointly accept² that become liabilities on them both.³
Fifth: shirkah al-mufāwaḍa (partnership of mutual delegation). In this form each partner authorizes the other to buy and sell on credit, enter into muḍāraba agreements, act as an agent, travel with the capital, and pledge collateral.
It is likewise valid to entrust an animal or a slave to someone who will work with it for a portion of its earnings; the same applies to handing over a garment to be sewn, yarn to be woven, crops to be harvested, a slave child to be wet-nursed, or the collection of a debt, on the basis of an undivided share of the proceeds.