by the difference in times, and this is not present here; for the capital is other than the merchandise, and its ruling remains. Do you not see that the agent has the right to sell it in order to surrender the capital and divide the remainder? The Qadi mentioned another view, that it is not permissible because the Qirad has been voided by death, and this is the initiation of a Qirad on merchandise. This view is more grounded in analogy (aqyas); for if the wealth were liquid, it would be the initiation of a Qirad, and the agent's share of the profit would be a partnership peculiar to him, to the exclusion of the capital owner. If the wealth was deficient due to loss or damage, the existing capital at the time of the initiation of the Qirad would be [the basis]. If we were to permit the initiation of a Qirad here and their basis was on the Qirad, the agent's share of the profit would not be exclusive to him, and their shares of the profit would be shared between them, and the merchandise would be accounted against him at more than its value in the case where the wealth was deficient; this is not permitted in Qirad without disagreement. Ahmad's words are interpreted as meaning that he sells and buys with the permission of the heirs, like his selling and buying after the rescission of the Qirad. As for if the agent dies or becomes insane and he wishes to initiate a Qirad with his heir or guardian, if it is liquid, it is permissible, as we said regarding when the capital owner dies. If it is merchandise, it is not permissible to initiate a Qirad except in the manner that permits the initiation of a Qirad on merchandise, by having the merchandise appraised and its value on the day of the contract made the capital; because the one who performed the work has died or become insane, his work has ceased, and he has not left behind an asset upon which his heir can build, unlike when the capital owner dies; for the wealth being used in the Qirad is present, and its benefits are present, so it is possible to continue the contract and for the heir to build upon it. If the wealth is liquid, the initiation of a Qirad in it is permissible if they initiate that. If they do not initiate it, the heir has neither buying nor selling rights; because the capital owner only consented to the discretionary judgment (ijtihad) of his inheritor, so if he does not consent to his selling, he refers it to the judge to sell it. As for if the deceased was the capital owner, the agent has no right to buy because the Qirad has been rescinded. As for selling, the ruling regarding it, as well as regarding appraisal and collecting debt, is according to what we have mentioned when the Mudaraba is rescinded while the capital owner is alive.