Is it permissible for the capital provider to add a second capital sum to an existing Mudarabah contract, either before or after the first capital has been utilized in trade?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the capital provider gives the Mudarib one thousand as Mudarabah, and then gives him another thousand as Mudarabah, and permits him to combine the second with the first before any transaction on the first, it is permissible, and they become one Mudarabah, as if both sums were given at once. If this combination is permitted after the first capital has been used to purchase goods, it is not permissible because the ruling of the first contract has been established, making its profit and loss specific to it. Adding the second would necessitate covering the loss of one with the profit of the other, which voids the contract if stipulated for the second part. If the first capital has been liquidated into cash, then combining the second is permissible because the issue of mixing distinct profits and losses is removed.
Supporting text
If the capital provider did not grant permission to combine the second sum with the first, the Mudarib is not permitted to do so. This is the position stated by Ahmad. Ishaq permits it provided the Mudarib has not yet traded with the first capital. The reasoning is that each sum was allocated via a separate contract, meaning each contract retains its distinct ruling, and the loss of one cannot be covered by the profit of the other, as if the provider had forbidden the combination.