What is the legal status of the Mudārib's (speculator's) liability for undistinguishable partnership capital upon his death?

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If the Mudārib dies and the specific partnership capital cannot be identified, it becomes a debt incumbent upon his estate, and the capital owner stands equally with general creditors (*Uswat al-Ghuramā'*). This ruling is established because the fundamental presumption is the continuation of the capital remaining in his possession, integrated into the total estate. Since its specific identity cannot be determined, it is treated as a debt, similar to a trust deposit (*Wadī'ah*) whose exact item is unknown. Furthermore, the right of the capital owner cannot be nullified, as the presumption is its continuation, and no counter-evidence is present. Giving the owner a specific item from the remaining assets is impossible as it might belong to the estate itself, leaving only the liability upon the estate's general assets.