Allah Most High is saying: Are a slave jointly owned by several ill-tempered masters and a slave belonging exclusively to one man—whom he pleases through his service and who recognizes and rewards his obedience—equal, or are they not? This is a comparison Allah Most High draws between the disbeliever who worships various gods and the believer who worships Allah alone. Then Allah Most High says:

“When relatives, orphans, and the needy are present at the division, give them something from it and speak to them kindly.” [al-Nisā’: 8]

This indicates that the property being divided was jointly owned before its division, whatever kind of property it might be. The Messenger of Allah, may Allah bless him and grant him peace, said:

“Any property divided in pre-Islamic times shall remain divided according to that division; any property still undivided when Islam came shall be divided according to Islam.”

He, may Allah bless him and grant him peace, also said:

“Whoever emancipates a share he owns in a slave, a fair valuation of the slave shall be assessed against him …”—the remainder of the hadith.

“He, may Allah bless him and grant him peace, ruled that co-owners have the right of pre-emption so long as boundaries have not been established. Once boundaries have been established, there is no right of pre-emption.”

Section

All this is too clear to require elaboration, discussion, or supporting arguments, since there is neither ambiguity about it nor disagreement among any scholars. What the verse on inheritance entails is sufficient in this regard. We have mentioned this only because it clarifies the meaning of shared ownership. Our purpose, however, is to discuss partnerships formed for profit and earnings through mutual assistance, and which forms are permissible and which are not according to the school of Mālik, may Allah have mercy on him, since this is the basis of the questions addressed in this book.

Section

Partnerships formed for profit and earnings through mutual assistance fall into three categories: