Is a purchase made by the Mudarib (investment manager) for himself using the Mudarabah capital valid if no profit has appeared yet?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The purchase made by the Mudarib for himself from the Mudarabah capital is valid if no profit has yet materialized in the capital. This ruling is held by Ahmad, Malik, Al-Thawri, Al-Awza'i, Ishaq, and it is narrated from Abu Hanifah. The evidence is that the capital belongs to another owner, thus the Mudarib's purchase on behalf of the owner is valid, similar to a commissioned agent (Waleel) purchasing from his principal. The Mudarib only becomes a partner if a profit appears, because partnership applies only to the profit, not the original capital. If profit does appear, his purchase becomes like the purchase of one partner from another, which will be elaborated upon later.
Supporting text
Abu Thawr held that the sale is void because the Mudarib is considered a partner.