Is it permissible for the Mudarib (capital manager) to mix the Mudarabah capital with their own wealth?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The Mudarib is prohibited from mixing the capital of the Mudarabah (profit-sharing investment) with their own personal wealth. If mixing occurs and the funds cannot be distinguished, the Mudarib becomes an insurer (guarantor/liable) for the capital because the Mudarabah capital is considered a trust (*Amanah*), similar to a deposited item (*Wadi'ah*).
Supporting text
If the capital provider permits the Mudarib to manage the funds according to their own judgment (*'amul bi ra'yik*), then mixing is permissible. This view is held by Malik, Al-Thawri, and the Ashab al-Ra'y (Hanafi school).