What is the ruling on commencing a new Qirad contract if the working partner (Al-'Amil) dies or becomes insane, and the Rab al-Mal wishes to proceed?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the Al-'Amil dies or becomes insane, and the Rab al-Mal wishes to commence a new Qirad: If the capital is liquid (Nadh), commencing a new Qirad is permissible, similar to the case where the Rab al-Mal dies. If the capital is in trade goods ('Arud), a new Qirad is only permissible under the conditions generally required for commencing Qirad on 'Arud, which necessitates valuing the goods at the time of the new contract. This is because the work (Al-'Amal) contributed by the deceased or insane Al-'Amil is lost, leaving no basis upon which his heir can build, unlike the case where the Rab al-Mal dies, where the capital and its benefits persist, allowing contract continuation.