And from Qatada, from al-Hasan, that Ali said: If the mudarib (agent) contravenes, there is no guarantee; they are upon whatever they stipulated. And from Ibn Mas'ud and Hakim ibn Hizam that they entered into qirad agreements. There is no one among the Companions who disagreed with them (53), so it reached the level of consensus. Furthermore, people have a need for mudaraba, for dirhams and dinars (54) do not grow except through investment (55) and trade. Not everyone who owns them excels at trade, nor (56) does everyone who excels at trade (57) possess capital. Thus, there is a need for it from both sides, so Allah the Almighty legislated it to fulfill both needs. Once this is established, it is concluded with the word "mudaraba" or "qirad" because these are the two terms established for it (58), or with what conveys their meaning (59), because the intent is the meaning; therefore, it is permissible through anything that indicates it, like the word of transfer of ownership in a sale.

Section: Its ruling is the ruling of 'inan (equal) partnership, in that everything a partner is permitted to do, the mudarib is permitted to do (60), and whatever a partner is prohibited from doing, the mudarib is prohibited from doing. Whatever is disputed there is likewise disputed here, and whatever is permitted to be the capital of a partnership is permitted to be the capital of a mudaraba. What is not permitted there is not permitted here, according to what we have detailed.

Section: The fourth category is that two amounts of capital are combined along with the labor of one of their owners. This combines partnership and mudaraba, and it is valid. If there are three thousand dirhams between two men, one thousand for one and two thousand for the other, and the owner of the two thousand allows the owner of the one thousand to (61) manage it on the condition that...