the two later dispute, and the agent returns with 2,000 dirhams. The capital-owner says, “My original capital was 1,000 dirhams,” whereas the agent says, “The capital was 1,000 and the remaining 1,000 is profit.” In this case, the agent’s word is accepted once he swears an oath, provided the owner can produce no evidence to the contrary.

531 — They unanimously agree that it is permissible to distribute the profit once the capital-owner has recovered his principal.

532 — They unanimously agree that if the capital-owner forbids the agent to sell on credit yet the agent does so, the agent is liable.

533 — They unanimously agree that when a man entrusts funds to another for commercial investment, and the capital-owner subsequently assists the agent without having made it a condition at the outset, that assistance is lawful.

Book of Assignment (ḥawāla) and Suretyship (kafāla)

534 — They unanimously agree that debts owed to a deceased person which were not yet due (1) do not become immediately payable upon his death; they remain due at their appointed time.

535 — They unanimously agree that if a man, with the debtor’s authorisation, guarantees a specified sum on the debtor’s behalf to a third party, the guarantee becomes binding on the guarantor, and he may recover that amount from the one for whom he stood surety (2).