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الفتح الربانی
Fath al-Rabbani
كتاب الصلح وأحكام الجرارBook of Reconciliation and Rulings on Disputes
بَابُ مَا يَجُوزُ التَّوْكِيلُ فِيهِChapter: What is permissible to appoint an agent for
Hadith 6098
اُردوEn
عَنْ رُوَيْفِعِ بْنِ ثَابِتٍ الْأَنْصَارِيِّ رَضِيَ اللَّهُ عَنْهُ أَنَّهُ غَزَا مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَالَ وَكَانَ أَحَدُنَا يَأْخُذُ النَّاقَةَ عَلَى النِّصْفِ مِمَّا يَغْنَمُ حَتَّى إِنَّ لِأَحَدِنَا الْقِدْحَ وَفِي لَفْظٍ حَتَّى إِنَّ أَحَدَنَا لَيَطِيرُ لَهُ الْقِدْحُ وَلِلْآخَرِ النَّصْلَ وَالرِّيشَ
Narrated by Sayyiduna Ruwayfi’ bin Thabit Ansari (may Allah be pleased with him), he says: I used to participate in jihad with the Messenger of Allah (peace and blessings be upon him), and we used to do this: a man would buy a she-camel with half of his share of the spoils, and sometimes it would happen that someone would get an arrow from the spoils, and someone would get fruit and feathers.
Brief Explanation
Benefits: … Such a transaction is not permissible, because it involves ignorance and deception. There is no hadith related to mudarabah in this chapter. The definition of mudarabah is as follows: it is a type of trade in which the capital belongs to one person and the labor is provided by another person, with the condition that the profit will be distributed between them according to mutually agreed terms, and in case of a loss in the business, only the owner of the capital will bear the loss, while the labor of the worker will be wasted. There is consensus (ijma‘) of the Ummah on the permissibility of mudarabah. It is narrated from Sayyiduna Hakim bin Hizam radi Allahu anhu, who says: When we would give our capital to someone for mudarabah, we would stipulate that he would not trade in livestock with our wealth, nor would he take our wealth to the sea, nor to flood-prone areas. If he did so, then he himself would be liable and responsible. (Bayhaqi: 6/111, Darqutni: 3/63)
