Ahmad said: He spends according to what he would spend on himself, without being excessive with the expense or harmful to the capital. Ahmad did not resort to a fixed estimation of the expense because prices vary; they may decrease or increase. If they disagree on the amount of the expense, Abu al-Khattab said: Regarding food, it reverts to the amount for feeding [a poor person] in expiation (kaffara), and regarding clothing, to the least expensive clothing similar to his own. If he has his own money alongside the Mudaraba capital, or if he has another Mudaraba contract, or goods belonging to someone else, the expense is allocated according to the ratio of the two capitals, because the expense was only for the sake of travel, and the travel is for both capitals; therefore, it is necessary that the expense be divided according to their proportions, unless the owner of the capital stipulated the expense for him while knowing this. If he permitted him to travel to a specific place, or an unspecified one, and then the owner of the capital met him during the travel—whether in that place or elsewhere—and the capital had been liquidated, and he took his capital, then the agent demanded from him the expense for returning to his city, he would not be entitled to it; because he is only entitled to the expense as long as they are in the Qirad (Mudaraba) contract, and since it has ceased, the expense also ceases. For this reason, if he were to die, it would not be obligatory to shroud him [at the owner's expense]. It has been said: He is entitled to it; because he [the owner] had stipulated for him the expense of his going, his returning, and other things by sending him to the place he permitted him to go to, believing that he is entitled to the expense while going and returning; so if he cuts off the expense for him, he is harmed by that.

Section: The ruling for the Mudarib (manager) is the ruling for the agent in that he is not permitted to sell for less than the market price, nor to buy for more than it, in regards to what people do not usually overlook (taghabun). If he does so, it has been narrated from Ahmad that the sale is valid, and he guarantees the loss, because the harm is remedied by guaranteeing the loss. The qiyas (analogy), however, is that the sale is void, and this is the school of al-Shafi'i; because it is a sale for which he was not given permission, so it resembles the sale of a stranger. Based on this, if it is impossible to return the sold item, he guarantees the loss as well; and if it is possible to return it, it is mandatory to return it if it is still extant, or its value if it has been destroyed, and the owner of the capital may demand it from whichever party he wishes, either the agent or the buyer; if he takes its value from the buyer, the buyer may seek recourse from the agent for the price, and if he seeks recourse from the agent for its value, the agent may seek recourse from the buyer for it and return the price to him, because the destruction occurred while in his possession. As for what people usually overlook in terms of value, he is not prohibited from it, because it is impossible to guard against it. As for buying for more than the market price with the specific capital, it is like the sale. If he buys on credit, it is binding upon the agent, not the owner of the capital, unless he approves it, in which case it becomes his. This is the apparent meaning of al-Khiraqi's words.