through capital and labor, because one of them is of a different genus than the other, so the amount of his share from it is not known. As for the partnership of labor (sharikat al-abdan), there is no capital in it to estimate the profit by, so it is possible that it be estimated by the labor, because the labor of one of them is of the same genus as the labor of the other, so they are equal in the essence of the work, and this becomes a foundation to which one can return. It is also possible that it cannot be estimated by it, because labor decreases, increases, and varies in quality, and its exact amount cannot be determined, unlike capital. Therefore, the mention of profit and knowledge of it must be considered, just as in mudaraba.

830 - Issue: He said: (And the loss is according to the amount of the capital.)

He means the loss in the partnership is for each of them according to the amount of his capital. If their capital is equal in amount, the loss is shared equally between them. If it is in thirds, the loss is in thirds. We know of no disagreement among the scholars regarding this. Abu Hanifa, al-Shafi'i, and others hold this view. In the partnership of credit (sharikat al-wujuh), the loss is according to the ratio of their ownership in the purchased goods, whether the profit is between them in that same way or not, and whether the loss is due to damage, a decrease in price from what they purchased it for, or otherwise. The loss in mudaraba is solely on the capital; the agent bears nothing of it, because the loss refers to a reduction in the principal capital, which is specific to the ownership of its owner. The agent has no share in it, so its reduction comes from his [the owner's] capital and not anyone else's. They only share in what is obtained from growth; thus, it is like sharecropping (musaqat) and agricultural partnership (muzara'a), for the owner of the land and the trees shares with the agent in what is produced of crops and fruits. If the trees are damaged, or something of the land is destroyed by flooding or otherwise, the agent is not liable for anything.

831 - Issue: He said: (And it is not permissible to assign to any of the partners a surplus of dirhams.)

Its general meaning is that whenever one assigns a specific, known amount of dirhams as the share of one of the partners, or includes with his share