for Mudaraba. Furthermore, if he is not entitled to what the owner of the capital stipulated for him in a corrupt Mudaraba, then what someone else has stipulated for him without the owner's permission is even less so.

Section: If the owner of the capital grants permission to entrust the wealth as a Mudaraba, that is permissible. Ahmad stated this explicitly, and we know of no disagreement regarding it. The first worker becomes an agent for the owner of the capital in that matter. If he hands it to another person without stipulating any share of the profit for himself, it is valid. But if he stipulates any share of the profit for himself, it is invalid; because he contributed neither wealth nor labor from his side, and profit is only merited by one of the two. If he says: "Work according to your opinion," or "according to what God shows you," it is permissible for him to hand it over as a Mudaraba. Ahmad stated this explicitly, because he might see fit to hand it over to someone more insightful than himself. It is also possible that this is not permitted, because his saying: "Work according to your opinion," refers to the method of Mudaraba, buying, selling, and types of trade, and this action is outside the scope of Mudaraba, so his permission does not cover it.

Section: He may not mix the Mudaraba wealth with his own. If he does so and it cannot be distinguished, he is liable for it, because it is a trust, and thus it is like a deposit (wadi'ah). If the owner says to him: "Work according to your opinion," then it is permissible. This is the position of Malik, al-Thawri, and the scholars of opinion (ashab al-ra'y). Al-Shafi'i said: He may not do that, and if he does, he is liable, because that is not part of trade. Our argument is that he may perceive mixing as being more beneficial, so it falls under the scope of the instruction: "Work according to your opinion." The same ruling applies to partnership with it; he may not engage in it unless the owner says: "Work according to your opinion," in which case he is authorized to do so.

Section: He may not purchase wine nor a pig, whether both parties are Muslims or one is Muslim and the other is a dhimmi (protected non-Muslim). If he does so, he is liable. Al-Shafi'i held this view. Abu Hanifah said: If the worker is a dhimmi, his purchase of wine and his sale of it are valid, because ownership in his view transfers to the agent, and the rights of the contract pertain to him. Abu Yusuf and Muhammad said: His purchase of it is valid because the