of the uncertainty on the investor’s side: he may receive five-tenths of the profit plus one-quarter of one-tenth if no zakat is due on the funds, or five-tenths—that is, one-half—if the quarter of one-tenth stipulated for zakat is deducted from him. Since zakat is assessed on the profit as his property, no account is taken of what is deducted from his share as zakat.

The second opinion, found in the original Asadiyya—that neither party may stipulate that the other must bear the zakat on the profit—may be deduced by analogy from the view that, if no zakat is due on the funds, the portion stipulated for zakat is divided between them, since both lay claim to it. If the working partner is the one required to bear the zakat, he receives four-tenths of the profit plus three-quarters of one-tenth when zakat is due, but four-tenths plus seven-eighths of one-tenth when none is due. If the investor is the one required to bear the zakat, the working partner receives half the profit when zakat is due, but five-tenths plus one-eighth of one-tenth when none is due. Thus, the working partner does not know whether he will receive half the profit or five-tenths plus one-eighth of one-tenth.

This opinion in the Asadiyya may also be deduced by analogy from the view that, if no zakat is due on the funds, the portion stipulated for zakat is disregarded and the two parties divide the profit according to the remaining shares. If the working partner is the one required to bear the zakat, he receives four-tenths of the profit plus three-quarters of one-tenth when zakat is due, but six and one-third shares out of thirteen when none is due. If the investor is the one required to bear the zakat, the working partner receives half the profit when zakat is due, but six and two-thirds shares out of thirteen when none is due. Thus, the working partner does not know whether he will receive half the profit or six and two-thirds shares out of thirteen.

As for the first opinion, found in the Mudawwana—that either party may stipulate that the other must bear the zakat on the profit out of his own share—its basis is the explanation given there: this amounts to a known proportion of the profit for which the working partner works. That proportion is half the profit if the working partner stipulates that the investor must bear the zakat out of his share, or four-tenths plus three-quarters of one-tenth if the investor stipulates that the working partner must bear it out of his share.

The position in the Asadiyya—that neither party may stipulate that the other must bear the zakat on the profit—is more evidently sound. For if the capital entrusted to the working partner is below the zakat threshold, he does not know whether it will reach that threshold together with its profit, making zakat due, or whether it will fail to reach it even with its profit