between us." It is then between them in halves, and it differs from the wadi'a (loss sharing), for the latter is only concerned with capital, as evidenced by mudaraba. As for the shirkat al-abdan (partnership of labor), it is contracted upon labor alone, and the two partners may vary in it at times and be equal at others; thus, whatever they agree upon of equality or variation is permissible, as we mentioned regarding the 'inan partnership. In fact, this is more appropriate, as it is contracted upon labor alone. As for the shirkat al-wujuh (credit partnership), the general statement of al-Khiraqi implies the permissibility of whatever they agree upon, whether equality or variation. This is the analogy (qiyas) of the school of thought, because in all other partnerships the profit is according to what they agree upon; so it is the same here, and because it is contracted upon labor and other things, thus whatever they agree upon is permissible, like the 'inan partnership. Al-Qadi said: The profit between them is in proportion to their ownership of the purchased goods, because profit is entitled through liability (daman), as the partnership occurred specifically upon it, since they have no capital; thus they participate in labor, and there is no variation in liability, so variation in profit is not permissible. Our argument is that it is a partnership that contains labor, so what they agree upon regarding profit is permissible, as in all other partnerships. As for Al-Qadi's statement that they have no capital to work with, we say: They only partner in order to work in the future with what they acquire through their reputation (jah), just as all other partnerships involve work that is yet to come, so it is the same here. As for the mudaraba that includes a partnership, which is when two capitals and the labor of one of the owners are pooled, such as if each of them contributes one thousand and one authorizes the other to trade with both: whatever they stipulate for the agent from the profit, if it exceeds one-half, it is permissible because he is a mudarib for his companion in one thousand, and there is no disagreement that for the mudaraba agent there is what they agree upon. If they stipulate for him less than half the profit, it is not permissible because profit is entitled through capital and labor, and this portion in excess of the half stipulated for the non-agent has no counterpart, so its stipulation is void. If they set the profit between them in halves,
(6) In [B] there is an addition: "fihi" (in it). (7) In [M]: "yattakhithanihi" (they take it). (8) In the [Original Manuscript]: "li-sahibihi" (for his companion). (9) In [A]: "lil-alf" (for the thousand). (10) In [A]: "aw 'amal" (or labor).