Section. A qirāḍ (silent-partnership) contract is valid only when four conditions are met: (1) the capital must consist of ready cash—silver dirhams or gold dinars; (2) the financier must authorize the agent to trade, either without restriction or in goods that are normally available; (3) the agent’s share of the profit must be a clearly specified fraction; and (4) the contract must not be tied to a fixed term. The agent bears no liability unless he acts wrongfully, and whenever profit and loss occur together, the profit is used to offset the loss.
Section. Musāqāt (crop-sharing for orchard upkeep) is permissible with date-palms and grape-vines on two conditions: first, the term must be fixed and known; second, the worker must be allotted a definite share of the fruit. The duties are of two kinds: tasks whose benefit goes to the fruit fall on the worker, whereas tasks whose benefit returns to the land fall on the owner.
Section. Any item whose benefit can be enjoyed while the item itself remains intact may be leased, provided the benefit is defined by either a set period or a specified task. An unrestricted lease requires the rent to be paid immediately unless deferment is stipulated. The lease is not voided by the death of either party, but it is voided by the destruction of the leased object. A hired worker is not liable for loss or damage except in case of wrongdoing.
Section. Juʿāla (reward contract) is lawful: a person may promise a specified reward for the return of his lost property, and whoever returns it becomes entitled to the stipulated reward.
Section. If land is handed over to someone to cultivate on condition that he receive a specified share of the crop, the arrangement is invalid. If, however, the land is leased for payment in gold or silver, or for a definite amount of food owed as a debt, the contract is valid.