Section: If the Qirad (contract of Mudaraba) is rescinded while the wealth is in the form of debt, it is incumbent upon the agent to collect it, whether profit has appeared in the wealth or not. This is the opinion of al-Shafi'i. Abu Hanifa said: If profit has appeared, he is obligated to collect it; if no profit has appeared, he is not obligated to collect it, because he has no interest in the work, and he is like an agent (wakil). Our argument is that Mudaraba necessitates the return of the capital in its original form, and debts do not follow the same rule as liquid currency, so it is incumbent upon him to liquidate it, just as if profit had appeared in the wealth, and just as if the capital had been merchandise. He differs from an agent (wakil), for it is not incumbent upon the latter to return the wealth as he received it, which is why it is not incumbent upon him to sell merchandise. There is no difference between whether the rescission is initiated by the agent or by the capital owner. If he collects from it the amount of the capital, or if the debt is equal to the profit or less, it is also incumbent upon the agent to collect it; because he only earns his share of the profit when it reaches them in a manner that allows for its division, and for each of them to receive his right from it, and that cannot be achieved except after collecting it.

Section: Whichever of the two parties in a Qirad contract dies or becomes insane, the Qirad is rescinded; because it is a permissible (ja'iz) contract, so it is rescinded by the death or insanity of either party, like agency (tawkil). If the death or insanity occurs to the capital owner, and his heir or guardian wishes to complete it while the capital is liquid, it is permissible; the capital and his share of the profit become the capital, and the agent's share of the profit becomes his undivided (musha') share of the partnership. This undivided status is not a hindrance; for the partner is the agent, and that does not prevent management. If the wealth is merchandise and they wish to complete it, the manifest view in the words of Ahmad is its permissibility; for he said, in a report by Ali ibn Sa'id: When the capital owner dies, it is not permissible for the agent to sell or buy except with the permission of the heirs. The manifest implication of this is that the agent remains on his Qirad, and this is the explicit view of al-Shafi'i; because this is a completion of the Qirad, not an initiation of it. The reason Qirad is prohibited in merchandise is because, at the time of separation, there is a need to return its equivalent or its value, and this varies according to time, whereas this is not present here; for the capital is other than the merchandise, and its ruling remains.