for half. It was said to Abu Abd Allah: 'What if the weaver is not satisfied unless a dirham is added to the third?' He replied: 'Then let him grant him a third and two-tenths of a third, and half of a tenth, or something similar.' Al-Athram narrated from Ibn Sirin, al-Nakha'i, al-Zuhri, Ayyub, and Ya'la ibn Hakim that they permitted this. Ibn al-Mundhir said: 'Al-Hasan disliked all of this.' Abu Thawr and the scholars of opinion (ashab al-ra'y) said: 'All of this is void.' Ibn al-Mundhir and Ibn Aqil chose this view and said: 'If he gives his net to a fisherman to catch fish with it, [the catch] to be divided equally between them, the entire catch belongs to the fisherman, and the owner of the net is entitled to the rent of its equivalent.' The analogy of what is narrated from Ahmad suggests the validity of the partnership (sharika), and whatever Allah provides shall be between them according to what they stipulated; for it is an asset (ayn) that is increased by the labor performed upon it, so it is valid to give it for a portion of its growth, like land.
Section: Ibn Aqil said: The Messenger of Allah (peace be upon him) prohibited the "miller's qafiz." This is when one gives the miller a known amount of qafiz measures for him to grind in exchange for a qafiz of flour from it. The reason for the prohibition is that he has designated a portion of the processed item as a wage for his labor, thus the grinding becomes a debt owed to him by the other. We do not know this hadith, nor is its authenticity established to us; according to the analogy of Ahmad's school, it is permissible, due to the issues we have already cited from him.
Section: If a man has a beast, and another has a saddle and saddlebags, and they enter into a partnership to lease them out with the fee being divided equally between them, this is void because these are tangible assets (a'yan) in which partnership is not valid, and thus neither are their benefits (manafi'), for its estimation would be: 'Lease your beast so that its fee is shared between us, and I will lease my saddlebags...'
(23) Ya'la ibn Hakim al-Thaqafi, their freedman, from Mecca; he settled in Basra, narrated from Sa'id ibn Jubayr and others, and was trustworthy and truthful. Tahdhib al-Tahdhib 11/401. (24) In [A] and [B]: "and permitted it." (25) In the original and [M]: "net" (shabaka). (26) In the original, [A], and [M]: "two halves" (nisfan). (27) Not found in [A], [B], or [M]. (28) In [A]: "upon it" (alayha). (29) Its citation was mentioned previously in 6/170. (30) In the original, [A], and [M]: "likewise" (kadhalika).
