What is the ruling if the owner instructs the debtor to set aside a specific debt amount and designates it as capital for Mudharabah?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the owner tells the debtor to set aside the money owed and declares it as capital for Mudharabah, and the debtor purchases goods with that specific money, the purchase is for the debtor himself, not the owner. This occurs because the debtor is buying for someone else using his own property (i.e., the money he owes, which is now designated but not yet transferred). Similarly, if the purchase is made against the debtor's personal liability, the purchase is also for the debtor, because the contract of Qirad was made concerning something he did not own, contingent upon a condition that does not grant him ownership of that money.