What is the ruling on the profit when the second Mudarib purchases assets in his own debt (Dhimmah) using funds not directly from the capital?
General Chapter
Al-Mughni
Book of Partnership
Primary text
It is likely that if the second Mudarib purchases an asset using his personal liability (Dhimmah) rather than the specific capital money, the resulting profit belongs to the second worker. This resembles the situation where the price is not paid from the owner's capital. Al-Sharif Abu Ja'far states this is the opinion of most scholars, including Malik, Al-Shafi'i, and Abu Hanifa.
Supporting text
If the second worker was aware of the initial breach, he receives nothing, similar to a Ghasib. If he was unaware, he is entitled to a customary wage (Ujr Mithl) recoverable from the first Mudarib because the first Mudarib deceived him and employed him for compensation that did not materialize. Al-Qadi ruled that if the purchase was made using the capital's assets (Ain al-Mal), the transaction is void. If the transaction was in debt (Dhimmah) and the owner's stipulated share was paid to the first Mudarib, and then split between the two workers based on mutual agreement, this is upheld because the owner consented to half the profit, and the two workers agreed between themselves.