What is the evidence supporting the laborer's immediate ownership of the profit upon its realization?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The condition stipulating the laborer's share is valid, and therefore its consequence—that the laborer has a specified portion of the profit—must be established upon realization. This is analogous to how a lessee (*musāqī*) gains ownership of their share of the fruit upon its appearance, and by analogy to all valid conditions in contracts. Furthermore, this profit is owned property requiring an owner; the capital provider does not own it by consensus, and ownership rulings do not apply to the provider in this context, thus it must belong to the laborer. The laborer also possesses the right to demand division, indicating ownership, similar to a partner in *Shirkah al-'Inan*. Ownership does not preclude this share from serving as a safeguard for the capital, similar to the capital provider's share of the profit, which prevents the laborer from exclusively claiming the profit beyond the stipulated share, as a condition cannot establish something contrary to its own implication.
Supporting text
The statement by Ahmad regarding the Mudarib having intercourse with an enslaved woman acquired through the Mudarabah indicates that if no profit has materialized, she does not become an *Umm Walad* (mother of his child), but if profit has materialized, she does. This indicates that the profit is owned upon its realization.