In Qawa`id al-Ahkam Allameh Hilli said...

In Qawa`id al-Ahkam Allameh Hilli said: “There are four types of partnership: 1 - Partnership of property (Shirkah al-Amwal) 2 - Partnership by contributing effort and skill (Shirkah al-Abdan) 3 - Partnership based on negotiation (Shirkah al-Mufavezah) 4 - Partnership based on credit and reliability (Shirkah al-Wujuh) However, no forms except the first type are right.”[^3] Therefore, partnership is only correct in regards to property when done subject to the conditions expressed by the jurisprudents.

Business Etiquette For business to be right and for any earned profits to be legitimate, there is certain trade etiquette in Islam. There is a whole chapter on “business etiquette” in Wasa`il al-Shī`ah. As partnership is part of trade, it is subject to that etiquette. Imam Sadiq quoted on the authority of the Noble Prophet : مَن باعَ وَاشْتَرى فَليَحْفَظْ خَمْسَ خِصالٍ وإلاّ فلا يَشْتَرِيَنَّ وَلا يَبِيعَنَّ: الرّبا وَالحَلْفَ وَكِتْمانَ العَيبِ وَالحَمْدَ إذا باعَ والذَّمَّ إذا اشْتَرى.

“Whoever buys or sells should adhere to the following or not engage in trade: 1 - Avoid usury. 2 – Do not swear in trade. 3 – Do not cover up the flaws in his goods. 4 – Do not praise what he wants to sell. 5 – Do not put down what he wants to buy.” [^4] In another tradition in Istikharat we read that Ibn Tavoos quoted on the authority of Muhammad ibn Yahya: “A friend of mine decided to go on a business trip, but postponed it until he could go to visit Imam Sadiq and seek his advice.

When he went to see Imam Sadiq and asked for advice, the Imam said: I advise you to be honest. Do not cover up the flaws of what you want to sell. Do not cheat or fool the one who buys goods from you since it is illegitimate to do so. You should like for others what you like for yourself. Do not swear since false swearing will cause you to go to Hell. A businessman is at a loss unless what he gives and takes is right. Therefore, pray when you decide to start your trip and ask God for good.

My father said that the Prophet of God recommended asking God for good when you want to go on a trip just as he taught the Qur’an.”[^5] Partnership as Viewed in Traditions The Noble Prophet said that God the Almighty said: أنَا ثالِثُ الشَّريكَينِ ما لَمْ يَخُنْ أحَدُهُما صَاحِبَهُ، فإذا خَانَهُ خَرَجْتُ مِن بَينِهِما. “I am the third party in any partnership as long as one of the partners does not cheat the other.

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