Section: If the Mudarib transgresses and does what he is not permitted to do, or buys something he was forbidden from buying, he is liable for the capital, according to the opinion of most scholars. This is narrated from Abu Hurayra, Hakim ibn Hizam, Abu Qilaba, Nafi', Iyas, al-Sha'bi, al-Nakha'i, al-Hakam, Hammad, Malik, al-Shafi'i, Ishaq, and the proponents of Ra'y (reason/analogy). From Ali, may Allah be pleased with him, it is said: There is no liability on one who is made a partner in the profit. A similar meaning is narrated from al-Hasan and al-Zuhri. As for our position, he is a person acting upon the property of another without his permission, so liability is incumbent upon him, like a usurper (ghasib). We do not subscribe to him being a partner in the profit, so the statement of Ali, may Allah be pleased with him, does not apply to him. Whenever he buys what he was not permitted to buy, and he profits from it, the profit belongs to the owner of the capital; Ahmad stated this explicitly. Abu Qilaba and Nafi' held the same view. According to one narration from Ahmad, they both give the profit away in charity; al-Sha'bi, al-Nakha'i, al-Hakam, and Hammad held this view. The Qadi said: Ahmad's statement that "they give the profit away in charity" is by way of piety (wara'), and in legal judgment, it belongs to the owner of the capital. This is the view of al-Awza'i. Iyas ibn Mu'awiya and Malik said: The profit is according to what they stipulated, because it is a type of transgression, and that does not prevent the profit from being between them as they stipulated, just as if he wore the garment or rode a beast he was not permitted to ride. The Qadi said: If he buys on credit (in the dhimma) and then pays with the capital, the profit belongs to the owner of the capital. If he buys with the actual capital, the purchase is void, according to one of the two narrations. The other is that it is suspended pending the owner's permission; if he permits it, it becomes valid, otherwise it is void. The first is the established school (madhhab), and Ahmad stated it in the narration of al-Athram. Abu Bakr said: It was not narrated that he gives the profit in charity except by Hanbal. Ahmad used as evidence the hadith of Urwa al-Bariqi, which is what Abu Labid narrated from Urwa ibn al-Ja'd, who said: A shipment (jalab) was presented to the Prophet (peace and blessings of Allah be upon him), so he gave me a dinar and said: "Urwa, go to the shipment and buy a sheep for us." So I went to the shipment, negotiated with its owner, and bought two sheep for a dinar. I came leading them or driving them, and a man met me on the road, negotiated with me, and I sold one sheep to him for a dinar. I returned with the dinar and the sheep, and I said: "O Messenger of Allah, here is your dinar and here is your sheep." He asked: "How did you manage?" So I told him the story, and he said: "O Allah, bless him in the transaction of his right hand." Narrated by al-Athram. This is because it is the growth (nama') of another's property without the owner's permission, so it belongs to its owner, as if he usurped wheat and planted it. As for the Mudarib, there are two narrations regarding him: One is that he has nothing, because he concluded a contract for which he was not permitted, so he has nothing, like a usurper. This is the choice of Abu Bakr. The second is that he is entitled to a wage, because the owner of the capital accepted the sale and took the profit, so the worker is entitled to compensation, as if he had concluded it with his permission. Regarding the amount of the wage, there are two narrations: One is his standard wage, provided it does not encompass the entire profit; because he performed work for which he deserves compensation, and he was not granted the stipulated amount, so he is entitled to his standard wage, like a corrupt Mudaraba. The second is that he receives the lesser of the stipulated amount or the standard wage; because if the lesser is the stipulated amount, he has accepted it and does not deserve more; and if the lesser is the standard wage, he does not deserve more, as he did not perform what he was commanded to do. If he intended the purchase for himself, he receives no wage, by a single narration. The Qadi and Abu al-Khattab said: If he buys on credit and then pays with the capital, he has no wage, by a single narration. If he buys with the actual capital, it is subject to two narrations.

Section: The worker must personally handle everything that is customary for the Mudarib to handle himself, such as unfolding the garment, folding it, showing it to the buyer, negotiating with him, concluding the contract with him, taking the price, examining it, tying the bag, sealing it, storing it in the chest, and the like. He is not entitled to a wage for this, because he is entitled to the profit in return for it. If he hires someone to do that, the wage is upon him alone, because the labor is his responsibility. As for that which [the owner of the capital] does not customarily handle;