His statement, “Profit is divided according to whatever they stipulate,” means that they may stipulate a greater share of the profit for one of them than his share of the capital, because he is more skilled in buying and selling. The summary is as follows:

First: Each of them acts on his own behalf in an original capacity and as the agent of his partner.

Second: Each is liable for himself and liable on behalf of his partner.

Third: They own this jointly held property according to whatever they stipulate. They may assign two-thirds to one of them and one-third to the other, or they may divide it equally.

Fourth: Financial loss is borne in proportion to the capital.

Fifth: Profit is divided according to whatever they stipulate.

If it is assumed that the property is destroyed without any transgression or negligence, are they liable to the person who gave it to them on the strength of their joint credit, or are they not?

The answer is: Yes, they are liable, because they took this property as their own. Its liability rests upon them, and its gain belongs to them. This is not a case of muḍāraba, a trust arrangement, or anything similar; rather, it is a sale and purchase. This sale and purchase was concluded with these two partners, so the liability is upon them just as the gain belongs to them.

Fourth: A partnership of labor is for two persons to share whatever they earn through their respective labor. Whatever work either of them undertakes, both of them are required to perform it. Such a partnership is valid in gathering grass, collecting firewood, and all other lawful occupations. If one of them falls ill, the earnings are shared between them; and if the healthy partner demands that the ill partner take his place, he is obliged to do so.

His statement, “Fourth: A partnership of labor is for two persons to share whatever they earn through their respective labor,” means that this type of partnership also involves no capital, and each of them may have