What is the ruling on continuing the Qirad if the Rab al-Mal dies and the capital is in trade goods ('Arud)?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The apparent position, attributed to Ahmad and explicitly stated by Al-Shafi'i, supports the permissibility of continuing the Qirad if the Rab al-Mal dies and the capital is in trade goods, provided the Al-'Amil sells and buys with the authorization of the heirs. This is justified because the continuation is completion of the existing contract, and the specific prohibition against Qirad on 'Arud (due to fluctuating value upon settlement) is not fully applicable here since the capital exists and its ruling remains, allowing the Al-'Amil to sell it to settle the capital and distribute the remainder.
Supporting text
A differing opinion suggests continuation is impermissible because death dissolves the contract, rendering any subsequent transactions a new commencement of Qirad on trade goods, which is generally not allowed. This view is considered more strictly analogous to starting a new contract.