then he has no claim to anything, because he [the owner] made the excess his wage, and there is no excess here; he is like the Mudarib (capital manager) if he makes no profit. If he sells it for less than the amount, the sale is not valid because he is an agent who has acted contrary to instructions. If returning it is impossible, he is liable for the shortfall. Ahmad stated: He is liable for the shortfall absolutely. Something similar to this has already passed in the chapter on Agency (Wakalah). If he sells it on credit, the sale is not valid, because an unqualified sale implies immediate payment, due to the harm of delay and the risk to the wealth in a credit sale, in order for him to obtain the benefit of the profit. It differs from the Mudarib according to one narration, where it is permissible for him to sell on credit; this is because the owner of the capital obtains [a benefit from what is realized as profit in exchange for the harm of the credit sale, and here there is no benefit to the owner of the capital] in the profit at all, and because the intent of the Mudaraba is to obtain profit, and it is more frequent in credit sales, whereas here the intent of the owner of the capital is not profit, nor does he have a share in it, so there is no benefit to him [in the credit sale]. Ahmad said, in the narration of al-Athram: He has nothing; he means if he sells it for more than ten, because the unqualified authorization only implied selling it for immediate payment, so when he sold it on credit, he did not fulfill the command, and thus he is not entitled to anything.

Section: Ahmad said, in the narration of Muhanna: There is no harm in him harvesting the crops or picking the dates for a sixth of what is produced from it, and it is more pleasing to me than a fixed-fee contract (muqata'a). It is only permissible here because when he observes it, he knows it through sight, which is the highest of the ways of knowledge; and whoever knows a thing knows its shared part, so it constitutes a known wage. Ahmad preferred this over a fixed-fee contract, even though that is permissible, because perhaps the harvest might not produce the equivalent of what he fixed the fee upon, and here it would be less than that, of necessity.

901 - Issue: He said: (And likewise the wet nurse).

He means that it is permissible to hire her for her food and clothing. We have already mentioned that and the disagreement regarding it.