transfer the ownership of each of the two transacting parties away from their capital.

Section: The 'inan partnership (unlimited partnership) is built upon agency (wakalah) and trust (amanah), for each of the two partners, by handing over the capital to the other, has entrusted him, and by granting him permission to manage it, has appointed him as an agent. A condition for its validity is that each of them grants the other permission to manage it. If he grants him absolute permission for all types of trade, he may manage accordingly. If he specifies a gender, type, or region, he shall manage only within those parameters, for he is a manager by way of permission, and thus is restricted by it, just like an agent. It is permissible for each of them to sell and buy by bargaining, or by profit-sharing (murabahah), or by transferring at cost (tawliyah), or by selling at a discount (muwada'ah), as he deems in the best interest, because this is the custom of merchants. He may take possession of the sold item and the price, hand them over, dispute over a debt, demand it, transfer it (ihalah), seek a transfer (ihtiyal), and return items due to defects in matters he handled himself or in matters his partner handled. He may also hire or lease using the partnership capital, for usufruct is treated the same as physical assets, so it becomes like buying and selling, and the demand for wages belongs to them and is upon them, because the rights of the contract are not exclusive to the contracting party.

Section: He has no right to grant a contract of manumission (kitabah) to a slave, nor to emancipate him for wealth or otherwise, nor to marry off a slave, because the partnership is contracted for trade, and these types are not trade, especially marrying off a slave, as that is pure harm. He may not lend money or give preferential treatment (muhabah), because that constitutes a donation, and he does not have the right to donate. He may not form a partnership with the company's capital, nor hand it over as Mudarabah, because that establishes rights in the capital, and the profit thereof would be owed to someone else, and that is not his right. He may not mix the partnership capital with his own capital, nor with the capital of another, because that entails imposing rights on the capital, and that is not part of the trade for which permission was granted. He may not accept a bill of exchange (suftajah) for the capital, nor provide a bill of exchange for it, because that entails a risk for which no permission was granted. He may not incur debt upon the partnership's capital. If he does so, it is for him alone; he receives its profit and bears its loss. Ahmad stated, in the narration of Salih, regarding one who incurs a debt on behalf of the capital based on his own reputation for a thousand [dirhams]: it is his, its profit is his, and the loss is upon him. The Qadi said: If he borrows something, it becomes a liability for both of them, and its profit is for both of them, because it is an exchange of wealth for wealth, so it is