A question was raised regarding the legality of an investment agreement where a person offers to pay a fixed monthly amount in exchange for managing a sum of money left by a deceased husband. After some time, the payments decreased, leading the widow to request the return of the original amount.
[AR_ID:5473]
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1 Answer
Peace be upon you.
Grand Ayatollah Sayyid Khamenei (may Allah protect him):
- This contract is invalid because the conditions for a valid investment (mudarabah) require that the profit share for both the capital owner and the worker be specified as a fraction (like one-third, one-fourth, or one-half). Therefore, it is not permissible to set a fixed monthly amount (like one hundred thousand) as profit for the capital. However, the capital owner may take a specific amount monthly from the profit share. In this case, all profits belong to the owner, and the worker is entitled to a fee equivalent to their work.
- If both parties agree and are satisfied, forgiving each other for any excess amount received, then there is no obligation to return anything.
Source: Fiqh of the Guardian - Rules of Mudarabah + Tahrir al-Wasila - Rules of Reconciliation
Grand Ayatollah Sayyid Sistani (may Allah protect him):
- This contract is invalid due to the requirement for a valid investment to specify a limited percentage of profit, such as half or one-third. Thus, all profits belong to the owner, and the worker is entitled to a fee equivalent to their work.
- If both parties agree and are satisfied, forgiving each other for any excess amount received, then there is no obligation to return anything.
Source:
Official site: 1, 2 + Minhaj al-Salihin - Vol. 2 - Reconciliation + Selected Issues - Obligations and Prohibitions - 32
May you be successful in all good.