Requirement regarding the known quantity of capital in a *Mudarabah* contract?
General Chapter
Al-Mughni
Book of Partnership
Primary text
It is a condition for the validity of *Mudarabah* that the capital (*ra's al-mal*) must be known in quantity. It is not permissible for the capital to be unknown or stated without precise measurement (*juzāf*), even if both parties witness the capital.
Supporting text
Abu Thawr and the Companions of Opinion (*Ashab al-Ra'y*) hold that the *Mudarabah* is valid if the parties witness the capital. They assert that the statement of the working partner (*al-'amil*) is accepted upon their oath regarding the amount, because they are a trustee for the capital owner, and their declaration concerning what is in their possession serves as sufficient verification of its quantity.