How can it be an account like taking possession? He said: "The capital appears," meaning it becomes liquidated and present, then they settle the account based on it, and if the owner of the capital wishes, he may take possession of it. It was said to him: "Do they settle the account based on the goods?" He said: "They do not settle the account except based on the liquidated amount; because the price of goods may decrease or increase." Abu Talib said: Ahmad was asked: "A man gave a man ten thousand dirhams as a Mudaraba, and he incurred a loss, so one thousand remained. Its owner settled the account with him, then said to him: 'Go and work with it.' Then he made a profit?" He said: "He shares with him whatever is above the thousand." This means if the thousand is liquidated and present, if its owner wishes he may take possession of it. So this account, which is like taking possession, makes his command to him to trade with it in this state the beginning of a second Mudaraba, just as if he had taken possession of it from him then returned it to him. As for before that, the Mudarib is entitled to nothing until he completes the ten thousand. And if the capital owner and the Mudarib divided the profit, or one of them took something from it with the permission of the other, while the Mudaraba was still in effect, then the Mudarib traveled with it and lost, it is incumbent upon the Mudarib to return what he took from the profit; because it has become clear that it was not profit, as long as the loss has not been compensated.

Section: If he enters into a Mudaraba contract during his terminal illness, it is valid; because it is a contract through which one seeks profit, so it resembles buying and selling. The agent is entitled to what was stipulated for him of the profit, even if it exceeds the rate of his equivalent wage (ajr al-mithl), and it is not calculated from his third (of the estate); because that is not a right due from the capital owner's wealth, but rather was obtained through the Mudarib's labor with the wealth. Thus, whatever is found of the stipulated profit comes into existence as the property of the agent, unlike if he favored the employee in his wage, for that is calculated from his third; because the wage is taken from his wealth. If he stipulates more than the equivalent wage in Musaqat (sharecropping of trees) or Muzara'a (sharecropping of land), it is possible that it is not calculated from his third;