What is the ruling if a specified portion of the profit is stipulated for someone other than the working partner (Amil)?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If a portion of the profit is stipulated for the slave of one of the capital providers or for both their slaves, the stipulation is valid, and it is considered stipulated for the master. If they stipulate the profit is divided between themselves and their slaves by thirds, the master of the slave receives two-thirds, and the other capital provider receives one-third. If the stipulated portion is for a non-partner (Ajnabi), or for the worker's child or wife, or a relative, and a condition is made that this person also performs work alongside the primary worker, the contract is valid, and both become workers (Amilan). The evidence is that stipulating a void condition that returns to the profit invalidates the contract, similar to stipulating a fixed amount of dirhams. If the agreement is, 'You shall have two-thirds, on the condition that you give half of it to your wife,' the contract is likewise void because a condition that is not binding regarding the profit has been stipulated.
Supporting text
If no work is stipulated for the third party, the Mudarabah contract is invalid. This is the position of Al-Shafi'i. A narration from the Ashab Al-Ra'y (Hanafi school) states that it is valid, and the stipulated portion reverts to the capital provider, regardless of whether it is stipulated for the worker's relative, the capital provider's relative, or a stranger. Their reasoning is that the worker is only entitled to what is stipulated for him, the capital provider is entitled to profit by virtue of the underlying contract, and the stranger is not entitled to anything because entitlement requires capital or work, neither of which applies here, so the stipulated portion reverts to the capital provider, as if its beneficiary was unmentioned.