The World Federation One Stop Fiqh

Ruling 2234

Any loss to or destruction of the sleeping partnership property – for example, it is burnt, stolen, or suchlike – is recompensed by any profits made, whether the profit is made before the loss or after it. Therefore, the worker’s ownership of his share of the profit depends on there not being any loss or destruction, and only when the sleeping partnership period is over or the contract is annulled will it be definite. However, if the worker stipulates a condition in the contract that any loss will not be recompensed by any prior or subsequent profit, the condition is valid and must be acted on.