Can the first Mudarib claim profit in a case of wrongful second Mudarabah?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 4 · Bab 1

Open in Qurani

Primary text

The first Mudarib cannot claim any profit in this scenario. This aligns with a former opinion of Al-Shafi'i, though it contradicts the fundamentals of the Madhhab and the explicit statement of Ahmad, who stated that the profit is not lawful (tayyib) for the Mudarib. This is because the first Mudarib provided neither capital nor work, and profit in Mudarabah requires one of these two elements. Furthermore, the second worker acted without the owner's permission or contractual arrangement, thus he cannot be entitled to what the first Mudarib conditionally stipulated for him, similar to a void Mudarabah where the first party is entitled to nothing. The case where the owner stipulates a share for the first Mudarib is even less justifiable when the second worker acts without the owner's permission.