What is the ruling on an agent managing a partnership fund (*Mudarabah*) who stipulates receiving maintenance/stipend (*Nafaqah*) from the capital, if he then accepts another trade venture?
General Chapter
Al-Mughni
Book of Partnership
Primary text
When an agent stipulates maintenance from the capital in a partnership fund, he assumes the status of a hired laborer (*Ajir*). Consequently, he is prohibited from accepting another trade venture or commission on behalf of another party, as this would distract him from managing the primary capital. Ahmad holds this prohibition strictly. However, if the second venture does not cause actual distraction, taking it might be permissible, though it is preferred only with the permission of the capital owner, as some level of distraction is unavoidable.
Supporting text
If the agent undertakes the secondary venture without the explicit permission of the capital owner but causes no actual harm to the primary partnership capital, he incurs no penalty, indicating this aspect leans toward desirability (Istihbab) rather than strict obligation.