I and some people were partners in a slave. I employed him on some work in the absence of one of the partners. He got earnings for me. He disputed me and the case of his claim to his share in the earnings to a judge, who ordered me to return the earnings (i.e. his share) to him. I then came to Urwah ibn az-Zubayr, and related the matter to him. Urwah then came to him and narrated to him a tradition from the Messenger of Allah (ﷺ) on the authority of Aisha: Profit follows responsibility.
Hadith Commentary: Sunan Abi Dawud 3509
From the Book of Wages (Kitab Al-Ijarah), this narration presents a fundamental principle of Islamic commercial law: "Al-Kharaj bi-d-Daman" - profit follows responsibility.
Legal Analysis
The case involves partnership (shirkah) where one partner employed the shared slave without the other's consent. The judge's ruling and Urwah's subsequent clarification establish that earnings belong to those who bear the risk and responsibility.
When one partner unilaterally employs shared property, the resulting profits must be shared proportionally, as all partners bear the underlying risk of ownership collectively.
Principle of Responsibility and Reward
The maxim "profit follows responsibility" means that financial gain is intrinsically linked to assuming liability. One cannot claim exclusive rights to profits arising from shared assets without corresponding risk assumption.
This principle prevents exploitation in partnerships and ensures equitable distribution based on actual contribution and risk-bearing.
Scholarly Application
Classical jurists applied this ruling to various scenarios: shared livestock, agricultural lands, and commercial partnerships. The essential element is that unilateral action with shared property does not create exclusive rights to resulting benefits.
The ruling emphasizes the importance of mutual consent in partnership dealings and protects the rights of silent partners against unauthorized appropriation of profits.