Nasai

(The author) says: When a person gives some wealth to another person as a partnership (Mudarabah), and then wishes to write a contract for it, he should write it as follows: This is the document which so-and-so, son of so-and-so, has written of his own free will, in a state of good health, and at a time when affairs are proceeding normally, for so-and-so, son of so-and-so: You gave me, at the beginning of such-and-such month of such-and-such year, ten thousand pure and genuine dirhams as Mudarabah, each weighing seven (mithqal). On the condition that I will fear Allah Almighty both outwardly and inwardly, and will fulfill this trust, and on the condition that I will buy with it whatever I wish, and spend it wherever I deem appropriate, that is, I will invest it in various trades, and I will take from it and travel wherever and as much as I deem appropriate, and whatever I purchase, I will sell it for cash or on credit whenever I deem appropriate, and I will take the price of the goods in kind or in other goods of equivalent value. In all these matters, the condition is that I will act at my own discretion, and in all these affairs, I will appoint as my agent whomever I deem appropriate. And from the principal capital which you have given me, and whose specified amount is mentioned in this contract, whatever profit and increase Allah Almighty grants, it will be divided equally between you and me: half for you because of your principal capital, and half for me because of my effort and work. And any loss will be borne from the principal capital. So I have received these ten thousand pure and genuine dirhams from you at the beginning of such-and-such month of such-and-such year, and they are in my possession for you as a partnership and Mudarabah, with the conditions written in this contract, and so-and-so and so-and-so have approved them. And when the owner of the wealth wishes that no purchase or sale be done on credit, then it should be written as follows: And you have forbidden me from buying and selling on credit. 1__REF_N__

‘This is the contract’ in which the participation of so-and-so, so-and-so, and so-and-so is mentioned. It was written in a state of sound health and mind, and at a time when the transactions were valid. These three have entered into a partnership based on ‘inan’ and not on ‘mufawadah’ partnership, with thirty thousand dirhams, all of which are genuine and excellent, each dirham being equal to the weight of seven mithqals. Each person has ten thousand dirhams, and when all three are combined, the total is thirty thousand dirhams, of which these three are the owners. Each is a partner in one-third share, on the condition that all will work with the fear of Allah and with the intention of fulfilling this trust, and all together will buy whatever they wish from it, whatever they wish to buy in cash, and whatever they wish to buy on credit, and will conduct whatever type of trade they wish. And any one of these three, without the participation of the others, may buy whatever he wishes, in cash or on credit. In this entire amount, the three partners may transact together or each may transact alone; whatever transaction all do together will be binding and effective on all, on the doer and on his two companions, and whatever any one does alone will also be binding on him and his two companions. In short, every transaction, whether small or large, will be effective on all, whether done by one or by all. Then, whatever profit Allah grants will be divided among the three partners in three shares according to the original capital, and whatever loss (deficit) occurs will be borne equally by all, in accordance with one-third of the original capital. Three copies of this same text and wording of this document (agreement) were made, and each partner was given one copy so that he may keep it as a record. Upon this, so-and-so, so-and-so, and so-and-so, that is, all three partners, agreed.

Allah, the Exalted, has said: «يا أيها الذين آمنوا أوفوا بالعقود» "O you who believe! Fulfill your promises." (Al-Ma'idah: 1) This is the document (agreement) according to which so-and-so, so-and-so, so-and-so, and so-and-so have become partners in the principal capital (original investment) as a result of mutual negotiation, which was collected by all the people, consisting of goods of the same kind and the same currency. They combined it, and now it has come into the joint possession of all in such a way that no one's share can be distinguished, and now the wealth and share of all are equal, on the condition that they will all work together, both in this and in other matters, whether it be little or much, in all kinds of transactions and dealings, whether on credit or in cash, whether buying or selling, in all kinds of dealings that people conduct, whether together or separately. However, the transaction of each will be valid and binding upon his partners, and whatever right or debt becomes due upon any partner by virtue of this partnership, it will be binding upon every person whose name is written in this document (agreement). And whatever profit or saving Allah, the Exalted, grants, it will be distributed equally among all, and whatever loss (deficit) occurs, it will also be distributed equally among all. Each of these four persons has made the others among his companions, whose names are written in this agreement, his agent (representative), for the purpose of demanding rights, for litigation (filing a case in court), for collection, or to respond to any claim made by anyone, and has made him his executor in this partnership for the payment of his debts and fulfillment of his bequests after his death. Each of the four accepted the tasks assigned to him by the others. Upon all these matters, so-and-so, so-and-so, so-and-so, and so-and-so made a covenant and declaration.

´It was narrated that 'Abdullah said:` "I formed a partnership with 'Ammar and Sa'd on the day of Badr. Sa'd brought two prisoners but 'Ammar and I did not bring anything."