Abu al-Khattab said: It is not valid. This is also the view of Malik, because its implication is that whatever work each one of them accepts becomes binding upon him and binding upon his partner, and each one of them is held accountable for it. Thus, if one of them accepts something while their crafts differ, it is not possible for the other to perform it; so how can the work be binding upon him? Or how can he be held accountable for that over which he has no capability? The Qadi said: The partnership is valid, because they partnered in a permissible earning, so it is valid, just as if the crafts were identical. Furthermore, regarding identical crafts, one of the two men may be more proficient in them than the other; perhaps one of them accepts what it is not possible for the other to perform, yet that does not prevent its validity, so it is the same when the two crafts differ. Regarding their statement: 'Each one of them is held accountable for what his partner accepts,' the Qadi said: It is possible that it is not binding upon him, because they are like two agents, evidenced by the validity of their partnership in permissible things, where there is no guarantee (daman) involved. And if we say it is binding, he can fulfill that through hiring or by someone who volunteers his labor for him. This is supported by the fact that if one of them were to say: 'I will accept the work and you will perform it,' the partnership is valid, and each one's work is distinct from the other's.

Section: If one of them says: 'I will accept the work, you will perform it, and the wage is between me and you,' the partnership is valid. Zufar said: It is not valid, and the worker is not entitled to the specified amount; rather, he is only entitled to the customary wage (ujrat al-mithl). Our argument is that the guarantee (daman) entitles one to the profit, [as evidenced by the partnership of bodies (sharakat al-abdan), and accepting work necessitates the guarantee upon the acceptor, through which he earns the right to profit], so it becomes like accepting capital in a mudaraba. The worker earns the right to profit through his work, like the worker in a mudaraba, so it is treated as a mudaraba.

Section: Profit in the partnership of bodies is based on what they have agreed upon, whether equal or unequal, because work entitles one to profit, and it is permissible for them to be unequal in the work, so it is permissible for them to be unequal in the resulting profit. Each of them has the right to demand the wage, and the employer may pay it to either one of them,