Is it valid for the *Mudarib* (working partner) to stipulate maintenance (*nafaqah*) for himself?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 1 · Bab 1

Open in Qurani

Primary text

The stipulation by the *Mudarib* for his own maintenance is valid, whether in residence (*hadar*) or travel (*safar*). This is evidenced by analogy, as commerce in residence is one of the two states of *Mudarabah*, making the stipulation valid therein, just as it is valid during travel. Furthermore, the stipulation is valid because it is in exchange for his labor, similar to stipulations in a contract of agency (*wakalah*).

Supporting text

Al-Shafi'i holds that stipulating maintenance for the *Mudarib* is not valid when in residence (*hadar*).