the purchase of each of them of someone who would be emancipated upon him is valid, just like two partners in a partnership of 'Inan (equal capital/limited partnership).

Section: He may not purchase with more than the principal capital, because the permission did not extend beyond it. If the principal capital is one thousand, and he buys a slave for one thousand, then buys another slave with the same [specific] one thousand, the purchase is void; because he bought it with wealth whose delivery is obligatory in the first sale. If he buys it as a debt upon his own person, the purchase is valid, and the slave is his; because he purchased upon his own person, for someone other than the one who permitted him to purchase, so it fell to him. Does it depend on the authorization of the owner of the capital? There are two narrations. The school of al-Shafi'i is similar to what we have mentioned.

Section: The Mudarib (agent) may not have intercourse with a slave girl from the Mudaraba capital, whether or not a profit has appeared in the capital. If he does so, he owes the mahr (dower) and ta'zir (discretionary punishment). If she becomes pregnant by him and no profit has appeared in the capital, her child is a slave; because she became pregnant by him without ownership or the semblance of ownership, and she does not become an umm walad (mother of his child) for him on account of that. If profit has appeared in the capital, the child is free, she becomes an umm walad for him, and he owes her value. Sufyan and Ishaq said something similar to this. The Qadi said: If no profit has appeared, he is subject to the hadd (prescribed penalty); because he had intercourse without ownership or the semblance of ownership. The established text from Ahmad is that he is subject to ta'zir, because the appearance of profit is based on appraisal, and the appraisal is not definitively certain, as it is possible that the goods are worth more than they were appraised at; thus, this constitutes a shubha (doubt) in warding off the hadd, as it is warded off by doubts.

Section: The owner of the capital may not have intercourse with the slave girl either, because it diminishes her value if she is a virgin, and exposes her to being removed from the Mudaraba and to destruction. If he does so, there is no hadd upon him, because she is his property. If she becomes pregnant by him, she becomes an umm walad for him, her child is free on account of that, she leaves the Mudaraba, her value is calculated, and the remainder of the capital is added to it. If there is profit in it, the agent has his share of it.

Section: And when the owner of the capital permits the Mudarib to purchase [with the Mudaraba capital],