The ownership thereof is transferred to the agent, and its sale is not valid, because he would be selling what is not his property, nor is it the property of his principal. Our position is that if the agent is a Muslim, he has purchased wine, and it is not valid for him to purchase wine nor sell it. If he is a dhimmi (protected non-Muslim citizen), he has purchased for the Muslim something that is not valid for him to own in the first place, so it is not valid, just as if he had purchased a pig. Furthermore, because wine is forbidden, it is not valid to purchase it for him, like a pig or a carcass. Also, whatever is not permissible to sell is not permissible to purchase, like a carcass and blood. Everything that is permissible in a partnership (sharika) is permissible in a Mudaraba, and whatever is permissible in a Mudaraba is permissible in a partnership. Whatever is prohibited in one of them is prohibited in the other, because a Mudaraba is a type of partnership, and each of them is based upon agency (wakala) and trust (amana).

833 - Issue: He said: "If he enters into a Mudaraba for one man, it is not permissible for him to enter into a Mudaraba for another if it entails harm to the first. If he does so, and makes a profit, he must return it to the partnership of the first."

The summary of this is that if he takes a Mudaraba from one person, then wishes to take another Mudaraba from someone else, and the first person gives him permission, it is permissible. If he does not give him permission, and there is no harm involved, it is also permissible, without any disagreement. If there is harm involved for the first capital owner, and he does not give him permission—such as if the second capital is large, requiring him to take up his time and occupy him away from the trade of the first, or if the...