A mudarib who breaches the terms and makes a profit

Al-Sha'bi and Ibrahim (may Allah have mercy on them both) said concerning the investment agent (mudarib) who goes against the terms: Both of them are to stay away from the profit and give it in charity.

It is reported from Ibrahim (may Allah have mercy on him) concerning the working partner (mudarib) who contravenes the terms: The two of them should keep away from the profit and give it in charity.

Hammad (may Allah have mercy on him) said that they will give the profit in charity.

Abu Qilabah said that if the working partner contravenes the terms, he will be liable, and the profit will go to the owner of the capital.

Abu Qilabah said that the profit will be according to what the two of them stipulated.

Iyas bin Mu'awiyah (may Allah have mercy on him) said that the working partner will be liable, and the profit will be divided between them.

Shurayh (may Allah have mercy on him) said that whoever is liable for the money, the profit will go to him.

Something similar is reported from Shurayh (may Allah have mercy on him).

He said: And al-Sha'bi said: The two of them should give the surplus in charity.

Riyah bin Ubaydah (may Allah have mercy on him) said that merchandise was sent with a man. When he was on the road, he saw something being sold. He then called witnesses that he was liable for the merchandise, and he bought that thing with it. When he came to Madinah, he sold what he had bought and made a profit. Then Sayyiduna Ibn Umar (may Allah be pleased with them both) was asked about this. He said: The profit belongs to the owner of the capital.