in the previous chapter: “The same applies to musāqāh, muzāraʿah, and muḍārabah.” Thus, just as it is stipulated in an ʿinān partnership that the profit must be a known, undivided share, the same applies in muḍārabah.

Therefore, his statement, “for a share of its profit,” is ambiguous and must be clarified—for example, by saying: one quarter, one eighth, or one fifth, according to whatever the two parties agree upon.

For example, one man gives another one hundred thousand riyals and says, “Take this and trade with it, and you will receive half of the profit.” This is valid. Or he says, “Take this and trade with it, and you will receive one quarter of the profit.” This too is valid. Or: “Take this and trade with it, and you will receive three quarters of the profit.” This too is valid. Thus, it must be a known, undivided share. Hence he said:

“If he says, ‘The profit is to be divided equally between us,’ then it is two halves. And if he says, ‘Three quarters of it, or one third of it, are mine or yours,’ it is valid, and the remainder belongs to the other party. If they disagree as to whom the stipulated share belongs, then it belongs to the worker …”

His statement, “If he says, ‘The profit is to be divided equally between us,’ then it is two halves,” means: if the one providing the capital—who is called the muḍārib—and the worker—who is called the muḍārab, with the letter rāʾ pronounced with a fatḥah—say this, then the muḍārib, who is the owner of the capital, means by “the profit is to be divided equally between us” that it is to be divided into two halves: one half for the worker and one half for the muḍārib. This is what the expression “between us” entails, for it denotes equality. Thus, if you gave a group of people some dirhams and said, “These are between you,” they would own them in equal shares. If there were ten dirhams and they were ten men, each one would receive one dirham.

His statement, “And if he says, ‘Three quarters of it, or one third of it, are mine or yours,’ it is valid, and the remainder belongs to the other party,” is because the property is shared by two people; once one person’s share has been specified, the right of the other becomes clear. Thus, if he says, “One quarter is mine,” without saying, “Three quarters are yours,” this is valid, because once he takes one quarter, the remainder belongs to the other party.

The same applies if he says, “Three quarters are mine,” and says nothing about the remaining quarter,