a pile (subra), and if he sells it to him by measure and weight, it is permissible.
Section: If one of the two partners leases a house from his companion to store the partnership's property or sacks therein, it is permissible. Ahmad explicitly stated this in a narration by Salih. If he leases it from him for transporting the food, or for his slave or his beast, there are two narrations. The first is permissibility; because whatever it is permissible to lease for him other than an animal, it is permissible to lease an animal for him, just like the property of a stranger. The second is that it is not permissible; because wages are not due in this except for labor, and it is not possible to fulfill labor in shared property; because the lessee's share is not distinct from the lessor's share, therefore wages are not due. As for the house and the sacks, the application of labor is not considered in them; rather, wages are due by placing the item in the house, so it is possible to deliver the subject of the contract.
835- Issue: He said: (If he purchases two items, and makes a profit on one of them, and incurs a loss on the other, the loss is compensated by the profit.)
The general principle is that if he gives the Mudarib two thousand, and he purchases a slave with each thousand, and he makes a profit on one of them and loses on the other, or one is destroyed, it is mandatory to compensate the loss from the profit, and the Mudarib is not entitled to anything until the full two thousand is complete. This is the opinion of al-Shafi'i, except in the case where one of the two slaves is destroyed, as his associates mentioned a second view regarding it: that what is destroyed is from the principal capital; because it is the substitute for one of the two thousands. If one of the two thousands were destroyed, it would be from the principal capital, and likewise is its substitute. Our argument is that it was destroyed after it had circulated in the Qirad (Mudaraba) and had been dealt with in commerce, so its destruction is from the profit, just as if the principal capital were one dinar and he purchased two items with it. Furthermore, they are two items, and the loss of one is compensated by the profit of the other, so its destruction is compensated by it, as if the principal capital were a dinar. Also, it is a single principal capital, so he
(13) In B, M there is an addition: "bi'ihi" (its sale). (14) In the original, A: "fiha" (in them). (1) Omitted from: the original, M. (2) In B: "fi" (in).
