the capital is recovered in full. The water-skin here wears out and diminishes, and there is no lease (ijara) because it requires a known duration and a known fee, thus it is void. Accordingly, in the first case, the entire fee belongs to the water-carrier (saqqa'), because when he drew the water into the vessel, he owned it, so if he sells it, the price is his, as it is the compensation for his property, and he owes his partners the rent of the equivalent (ajr al-mithl), because he used their property for compensation that was not delivered to them; therefore, they are entitled to the rent of the equivalent, like all other void leases. As for the second case, if they grind food for a man for a fee, you look at the lease contract. If it was from one of them, and he did not mention his partners nor intend them, the entire fee is his, and he owes his partners the rent of the equivalent. If he intended his partners or mentioned them, it is as if he had contracted with each of them individually, or he leased from all of them and said: 'I have leased you to grind this food for me for such-and-such.' The fee is shared among them in quarters, because each of them is obligated to grind his quarter for a quarter of the fee, and each of them has recourse against his companions for a quarter of his rent of the equivalent. If he said: 'I have leased this shop, the mule, the millstone, and this man for such-and-such [to grind such-and-such] of food,' it is valid, and the fee is shared among them according to the value of their equivalent rent, with each receiving from the specified amount according to his share, in one of the two opinions. In the other, it is divided among them in quarters, based on the case where one marries four women with a single dowry, or enters into a mukataba contract with four slaves for a single compensation. Whether the compensation is in quarters or according to their value is a matter of two views.
828 - Issue: He said: (If two bodies form a partnership with the capital of one of them, or two bodies with the capital of others, or one body and capital, or two capitals and the body of the owner of one of them, or two bodies with their two capitals, whether the capital is equal or different, all of that is permissible).
Our companions mentioned four types of permissible partnership (sharika), and we have already mentioned one of them, which is the partnership of bodies (sharikat al-abdan).
(40) Takhluq: it wears out (tabla). (41) In the original: "and he mentioned them" (wa-dhakarahum). (42) Omitted from the original and [M]. (43) Omitted from [B]. (44) In [A], [B], and [M]: "whether" (hal). (1) In [B] and [M]: "for partnership" (lil-sharika).