To whom does the profit belong when the speculator purchases what he was not permitted to buy?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the speculator purchases what he was not authorized to buy and earns a profit, the profit belongs entirely to the capital owner. This was explicitly stated by Ahmad. Abu Qilabah and Nafi' also hold this view. However, there is a narration from Ahmad that both parties give the profit away as charity (sadaqah). This is also the view of Al-Sha'bi, Al-Nakha'i, Al-Hakam, and Hammad.
Supporting text
Al-Qadi stated that Ahmad's opinion that the profit is given in charity is a matter of piety (wara'), but legally, it belongs to the capital owner. This aligns with the view of Al-Awza'i. Iyas ibn Mu'awiyah and Malik stated that the profit is distributed according to their initial agreement because this unauthorized action does not invalidate the stipulated profit-sharing arrangement, similar to when someone wears clothing or rides an animal they were not permitted to use.