Mufti Online — Madrasah Ta'leemuddeen

Muzaara'ah partnership

· 10 Shaʻban 1445 AH1 min readEnglish

Question

Zaid and John entered into a muzaara'ah partnership. Zaid will provide the land and seeds and John will do the planting, etc.

They have agreed that they both will have 50% ownership in the crop. They also agreed that John will then handle the sale of the crop, and they will then divide what is earned between them 50% each.

Is this partnership valid? Can John be made a wakeel to purchase seedlings as well? If the above partnership was incorrect, how should it be redone, as there are already seeds planted.

Please advise.

Answer

Such a partnership is valid. However, after the crops are harvested, then each partner should take his 50% share from the crop. If thereafter, they both wish to sell their portion of the crop individually, they may do so.

If Zaid wishes to employ John to sell his portion, then he should employ him to sell it on his behalf for a fixed salary.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/34680
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