is to be divided in precisely the same proportion, and it is not permissible for either of them to claim a larger share. If they agree that the goods belong to them in thirds, then the profit must likewise be divided into thirds.
A partnership is not valid for gathering firewood, cutting grass, or hunting. Whatever each man hunts or gathers belongs exclusively to him and not to his companion.
If two men form a partnership in which one owns a mule and the other a waterskin-camel used to draw water, and they stipulate that the income be shared between them, the partnership is invalid. All the earnings belong to the one who actually drew the water, and he must pay the fair rental value of the property he used: if the water-drawer is the owner of the mule, he must pay rent equivalent to the waterskin-camel; if he is the owner of the waterskin-camel, he must pay rent equivalent to the mule.
In every defective partnership, the profit is apportioned according to the amount of capital, and any clause that grants one partner a preferential share is void.
If either partner dies, or apostatizes and joins the territory of war, the partnership is dissolved.
Neither of the two partners may pay the zakat due on the other’s wealth without his permission. Should each of them authorize the other to discharge his zakat and both of them then pay, the second payment becomes a liability on the one who made it, whether or not he knew that the first payment had already been made.