Is it permissible for the managing partner (Mudarib) to pass the capital to another person for a second instance of Mudarabah?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is not permissible for the Mudarib to entrust the capital to another person for further Mudarabah, unless the owner of the capital grants explicit permission. Ahmad declared this in narrations by Al-Athram, Harb, and Abdullah, stipulating permission from the owner. This ruling is supported by Abu Hanifa and Al-Shafi'i. The rationale is twofold: first, the capital was given to the first party to manage the trade, and passing it to a second party for Mudarabah removes it from the first party's management scope, unlike a general agent (Wakil). Second, this act imposes a right belonging to another party upon the owner's property without his consent, which is impermissible.

Supporting text

Al-Qadi suggested a derivation permitting this, analogous to an agent acting without the principal's authorization. However, this analogy is rejected because the act creates a secondary right in the owner's property without permission.