What is the effect of a void condition leading to ambiguity in the profit share on the validity of the *Mudarabah* contract?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If a void condition that results in ambiguity concerning the profit share is stipulated, the *Mudarabah* contract is voided. This is because the invalidity stems from an issue concerning the consideration (*iwad*) of the contract, thereby invalidating the contract itself, similar to making the capital wine or a pig. Moreover, such ambiguity prevents proper handover and leads to dispute, making it impossible to ascertain what is due to the *Mudarib*.
Supporting text
Regarding void conditions other than those causing profit ambiguity, the established narration from Ahmad, in the clearer of the two reports, is that the contract remains valid. This is because *Mudarabah* is a contract valid despite some element of the unknown, and thus void conditions do not invalidate it, analogous to marriage, emancipation, and divorce. Al-Qadi and Abu Al-Khattab narrated another report suggesting that such conditions void the contract, as a void condition invalidates the contract, similar to stipulating a known sum of money or taking the capital as merchandise. The ruling in *Shirkah* (Partnership) is the same as in *Mudarabah*.