is taking what is rightfully his. This is analogous to a property with a building on it jointly owned by two people: one of them lives there when the former refuses to fulfil his obligations.

He—may Allah have mercy on him—was asked:

A woman gave someone a sum of dirhams to farm in partnership. He stated that he had planted crops. Later, he paid her forty, saying that this was profit and that her capital remained intact. Then he paid her fifty dirhams, saying, “This is part of your money.” One hundred dirhams remained, apart from the profit. When she demanded them from him, he said, “The forty is included in the hundred; only sixty remain due to you.” Is she to take this amount and receive no profit?

He answered:

If she entrusted the money to him under a profit-sharing investment agreement, and he paid her an amount, saying, “This is from the profit,” she is entitled thereafter to demand her capital. His claim that the additional amount was part of the capital is not accepted. And Allah knows best.