Is a partnership valid among three parties where one contributes a beast of burden, another a water-carrying vessel (*rawiyah*), and the third contributes the labor, agreeing to split whatever is gained?
General Chapter
Al-Mughni
Book of Partnership
Primary text
This partnership is valid based on the established principle concerning the animal. The *rawiyah* is an asset that grows through work, analogous to the beast of burden, making the arrangement similar to *Musaqah* and *Muzara'ah*. Therefore, the earnings are distributed among them according to their agreement.
Supporting text
Al-Qadi considered the contract invalid, arguing it cannot be a partnership or *Mudarabah* because commodities cannot serve as capital, and in both those forms, the capital must eventually be returned intact, which the *rawiyah* cannot guarantee as it deteriorates. Under the invalidity view, the entire earning goes to the water-carrier (the one who filled the vessel), who owes the other two the like-wage for using their assets under a void contract.