Undivided means shared: the working partner and the capital provider are partners in every unit of profit.
His statement, “If they do not specify the profit, or stipulate for either of them an unknown share, or a specified sum of dirhams, or the profit of one of the two garments, it is invalid”—all of these cases violate the condition.
“If they do not specify the profit, or stipulate for either of them an unknown share, or a specified sum of dirhams, or the profit of one of the two garments, it is invalid. The same applies to musāqāh (orchard sharecropping), muzāraʿah (crop sharecropping), and muḍārabah (profit-sharing investment partnership) …”
His statement, “If they do not specify the profit,” means that they merely say: “We are partners in an ʿinān partnership,” without addressing how the profit is to be divided: equally between them, by quarters, or the like. The partnership is invalid, because the matter remains unknown, leading to dispute and enmity between people. Each of them is entitled only to the profit generated by his own capital, and neither may claim anything from the other. Even if one of the two capitals is destroyed, its owner may not seek recourse from the other, because the contract is invalid, and an invalid contract does not produce its legal effects.
His statement, “or stipulate for either of them an unknown share,” means that they say: “We are now partners and will work with the capital; you shall have some of the profit and I shall have some of it,” or, “You shall have some of it and I shall have the rest.” This is invalid because it is unknown.
His statement, “or a specified sum of dirhams,” means that they say: “We shall enter into an ʿinān partnership, and you shall receive ten thousand of the profit, while the remainder is mine.” This is invalid, because perhaps