wealth. Abu al-Khattab mentioned that he is dismissed (44) absolutely. This is the school of al-Shafi'i; because it is a permissible contract, so it resembles agency. According to this, if they agree upon selling or division, they act accordingly. If one of them requests the division and the other requests the sale, the requester of the division is granted his request, not the requester of the sale. If it is asked: Is it not the case that when the owner of the wealth rescinds the mudaraba contract, and the agent requests the sale, his request is granted? The answer is: That the right of the agent is in the profit, and the profit does not become manifest except by selling, so the agent is entitled to it because the attainment of his right is dependent upon it (45). In our issue, the profit that is obtained is something each one of them can recover in his share of the merchandise, so he is not forced to sell.

Section: If one of the partners dies and has an adult, sound-minded heir, he may remain in the partnership and permit the partner to dispose [of the assets]. He also has the right to demand division. If the heir is under interdiction, his guardian takes his place in that; because he (46) only does what is in the best interest of the one under interdiction. If the deceased had bequeathed the partnership wealth, or a portion of it, to a specified person, the legatee is like the heir regarding what we have mentioned. If he bequeathed it (47) to a non-specified entity, such as the poor, it is not permissible for the executor to grant permission for disposal; because it has become mandatory to hand it over to them, so he separates their share and distributes it among them. If there is a debt on the deceased that is attached to his estate, the heir may not ratify the partnership until he pays the debt. If he pays it from other than the partnership wealth, he may complete [the partnership], but if he pays it from it, the partnership is invalidated to the extent of what he paid.

Section: The third category is that a person and wealth participate. This is mudaraba, and it is also called qirad. Its meaning is that a man gives his wealth to another to trade with for him, on the condition that whatever profit is obtained is between them