مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٥١ - ORDERS REGARDING PARTNERSHIP
condition is void, although what is apparent is that their partnership
is in order and the profit will be divided between them in the ratioof
their property.
٢١٥٥. If it is agreed that the entire profit
will be taken by one person or the entire loss or the larger part of it
will be borne by one of them. the partnershipis in order, but the profit
and loss will be divided between them in proportion to their property.
٢١٥٦. If it is not agreed that one of the
partners will get more profit, and if the investment of each of them is
equal, they must share profit and loss equally. Incase, however, their
investment is not equal they should divide the profit and loss in
proportion to their capital For example, if two persons become partners
and the capitalof one of them is double the capital of the other, his
share in the profit and loss will also be twice as much as that of the
other, although both of them may do equal workor one of them does less
work or does not work at all.
٢١٥٧. If it is laid down in the agreement of
partnership that both the partners will buy and sell together or each of
them will conclude transactions individually,or only one of them will
conclude transactions, they should act as agreed upon.
٢١٥٨. If it is not specified as to which of the
partners will buy and sell with the capital, neither of them can
conclude transactions with the capital without thepermission of the
other.
٢١٥٩. The partner who exercises control over the
capital should act according to the agreement of partnership. For
example, if it is agreed upon that he willpurchase on credit or will
sell on cash payment, or will purchase the property from a particular
place, he should act according to the agreement. However, it no
suchagreement is made with him, he should conclude transactions in the
ordinary manner, and carry on in such a way that no loss is suffered in
the partnership. Moreover, heshould not carry the property of the
partnership with him while he is travelling.