dirhams, such as if he stipulates for himself a share plus ten dirhams, the partnership is rendered void. Ibn al-Mundhir said: All the scholars whose views we have preserved have reached a consensus on the invalidity of qirad (mudaraba) if one or both of them stipulates a specific, known amount of dirhams for himself. Among those from whom we have preserved this are Malik, al-Awza'i, al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'i). The answer regarding the case where one says: "You shall have half the profit minus ten dirhams" or "half the profit plus ten dirhams" is the same as the answer for when he stipulates specific dirhams alone. It is not valid for two reasons: First, when he stipulates a known amount of dirhams, it is possible that he makes no more profit than that amount, in which case he would obtain the entire profit, or it is possible that he makes no profit at all, in which case he would take a portion from the capital. Furthermore, he might make a large profit, which would harm the one for whom the dirhams were stipulated. Second, the agent's share ought to be known in terms of proportions (shares), since it is impossible for it to be known as a specific quantity. If the proportions remain unknown, it becomes void, just as if the quantity were unknown in a case where it is required to be known. Additionally, when the agent stipulates a fixed amount of dirhams for himself, he might become negligent in seeking profit because he gains no benefit from it, as the benefit goes to someone else, unlike the case where he has a proportional share of the profit.

Section: If he hands over to him two thousand as a mudaraba, on the condition that each of them receives the profit of one thousand, or on the condition that one of them receives the profit of one of two garments, or the profit of one of two journeys, or the profit of his trade in a specific month or year, and the like, the condition and the mudaraba are void. This is because he might make a profit in that specific part and not in the other, or he might make a profit in the other and not in that one, which would result in one of them exclusively taking the profit, and that contradicts the essence of the partnership. We know of no disagreement on this. If he gives him one thousand and says: "You get the profit of half of it," it is not permissible. This is the view of al-Shafi'i. Abu Hanifa and Abu Thawr said: It is permissible, because half of its profit is the profit of its half, so it is permissible to stipulate it, just as if he had expressed it using his other phrasing. Our argument is that he stipulated the profit of some of the capital for one of them to the exclusion of the rest, and he did the same for the other, so it is not permissible. This is like the case where he says: "You get the profit of these five hundred."