Issue 1056: When two people want to go into partnership, their partnership will be valid if before or after pronouncing the formula of the contract, they amalgamate their property such that each party’s share would not be distinguishable, and if they pronounce the formula of the contract in Arabic or in any other language, or do something which would indicate their willingness to be partners.

Issue 1057: If two people go into partnership on the terms that each of them would purchase some commodity on credit and therefore be responsible to pay for it, but they would share the profit they earn from that commodity, such partnership will not be valid; however, if each of them makes the other their agent to purchase goods and commodities on credit on their behalf so that each party would purchase things on their own and their party’s behalves and they would be both responsible for the repayment of the debts, such a partnership will be valid.

Issue 1058: Those who go into a partnership by means of a contract, must be sane adults, and become partners of their own volition; they must also be capable of taking possession of their property; therefore, if a feeble-minded person, who spends their wealth imprudently goes into partnership with some other person, the partnership will not be valid because such a person has no right to take possession of their property.

Q1059: One who has 500,000 tomans goes into partnership with some one else who has 50,000 tomans for a one-year period, on the terms that the first party is exempted from doing anything, and the second party would be responsible to invest the money and the profit would be shared equally. What is the case of such a partnership? And what if the second party goes into such a partnership on behalf of three other people?

A: The partnership will be in order in both cases, because despite the fact that the profit made through a partnership should be shared proportionally, such a partnership will also be in order if the party who shoulders the responsibility of investing the money, receives a bigger share of the profit; but if the party who is not the agent for investing the money receives a bigger share, it will not be in order; however, in my view this latter case may also be valid since it is neither illegal nor harmful to the basic rules of contract, and it is just violates the generalities of partnership.

Q1060: Should there be anyone to act as a witness to a partnership contract if it is signed between a man and wife?

A: Witness is not a necessary condition for validity of a partnership, just as it is not necessary for validity of a will.

Q1061: A car factory receives 20,000,000 Rials from the clients and pays a 24 percent monthly interest on it and at the time of delivery of the car, gives a discount of 3,000,000 Rials on the full price. What is the case of this?

A: It is considered as a partnership and therefore it is permissible.

Q1062: Some people buy stocks from different companies under the contract of these companies which operate according to the commercial code; but they do not know about the partners, the main activity and the kind of the company in some cases; will that suffice if there is no risk and uncertainty in such cases?

A: It will suffice if one consents to a partnership in any known business or activity, even if it is based on the commercial code; such uncertainties do not inflict any harm to a partnership, but are considered harmful to some contracts and transactions such as sale.