because the fruit emerges upon their joint ownership, like the profit in the Mudaraba. It is also possible that it is calculated from his third; because the fruit is an increase in his property, stemming from its essence, whereas profit does not stem from the essence of the capital, but is obtained through circulation (of trade).

Section: If the capital owner dies, we prioritize the agent's share over his creditors, and they shall not take anything from his portion; because he owns the profit upon its appearance, thus he is a partner in it, and the capital owner has no right to his portion; he is like a partner with his capital. Furthermore, his right is attached to the specific wealth rather than the general liability (dhimma), so it is prioritized, like the right of jinaya (crime-related compensation), and because it was attached to the wealth before death, so it is prior, like the right of a pledge.

Section: If the Mudarib dies and the specific Mudaraba wealth is not known, it becomes a debt in his liability, and its owner is on equal footing with the creditors. Al-Shafi'i said: The Mudarib owes nothing; because nothing was in his liability while he was alive, and it is not known that this occurred upon death, as it is possible that the wealth has perished. Our argument is that the principle is the remaining of the wealth in his possession and its mixing with the totality of the estate, and there is no way to know its specific identity, so it becomes a debt like a deposit whose identity is unknown, and because there is no way to invalidate the right of the capital owner; for the principle is its continuation, and there is nothing found to contradict or negate that, and there is no way to give him a specific entity from this wealth; because it is possible that it is from other than the Mudaraba wealth, so nothing remains but its attachment to the liability.

836 - Issue: He said: "And when it becomes clear to the Mudarib that he has a surplus in his possession, he may not take anything from it except by the permission of the capital owner."

Its summary is that if profit appears in the Mudaraba, it is not permissible for the Mudarib to take anything from it without the permission of