What is the ruling if an enslaved person purchased for a Mudarabah (profit-sharing) contract is killed by another enslaved person when no profit has yet materialized?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 1 · Bab 1

Open in Qurani

Primary text

The matter reverts to the capital provider (Rab al-Mal). The provider has the choice to demand *Qisas* (retaliation/blood money), or forgive the act resulting in the loss of the capital, which nullifies the Mudarabah contract due to the destruction of the capital. Alternatively, the provider may forgive the act in exchange for compensation. If the compensation equals the capital, is less than it, or is more than it, the Mudarabah remains valid, and the profit is shared between the parties according to their agreement, as compensation for the capital has been secured, similar to selling the capital and receiving its value.