If a Mudarib Opposes the Capital Owner and Makes Profit

Hazrat Abu Ma’shar and Ibrahim (may Allah have mercy on them) say regarding the mudarib who acts contrary (to the agreement) that both (parties) will be deprived of the profit and it will be given in charity.

22251 - From Sa'id, from Abu Ma'shar, from Ibrahim, they said: Regarding the agent (mudarib) who acts contrary (to the agreement), they said: (They both abstain) (1) from the profit (and) (2) give it in charity.

Hazrat Hammad (may Allah have mercy on him) says that the profit will be given in charity.

Hazrat Abu Qilabah says that if the mudarib acts against the agreement, he will be liable and the profit will go to the owner of the capital.

Hazrat Abu Qilabah says that the profit will be for the one upon whom it was stipulated.

Hazrat Iyas bin Mu'awiyah, may Allah have mercy on him, says that the mudarib will be a guarantor, and the profit will be distributed between them.

Hazrat Shurayh (may Allah have mercy on him) said: Whoever guarantees the money will receive the profit.

It is narrated in a similar manner from Hazrat Shurayh (may Allah have mercy on him), and Hazrat Sha’bi (may Allah have mercy on him) says that he will give charity.

22258 - He said: And Al-Sha'bi said: They give charity from the surplus.

Hazrat Riyah bin Ubaidah (may Allah have mercy on him) narrates that a man was sent with some merchandise for trade. While he was on the way, he saw something being sold, then he remembered that he was responsible for the merchandise. He bought that item with the merchandise, and when he reached Madinah, he sold the purchased item and consumed the profit. Then he inquired about this matter from Hazrat Ibn Umar (may Allah be pleased with them). He (may Allah be pleased with him) said: "The profit belongs to the owner of the wealth."