If the principal specifies his profit share in Mudarabah without specifying the worker's share, what is the ruling?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the principal specifies his share, for instance, 'I shall have one-third of the profit,' and does not mention the worker's share, there are two opinions. The sounder opinion is that the remainder belongs to the worker, as the profit belongs inherently to the principal by virtue of his capital, and whatever is not stipulated for the principal accrues to the worker by implication, drawing analogy from inheritance law concerning the father's share.
Supporting text
The first opinion states the contract is invalid because the worker's entitlement requires a specific condition, which is absent, thus invalidating the Mudarabah. If the principal states, 'I shall have half, and you shall have one-third,' the remaining one-sixth belongs to the principal.