invalid sales and hiring contracts is the customary price and customary remuneration, respectively, while an invalid reward-based contract entails the customary reward.

It is well known that valid partnerships of these kinds entail only a share of the profit, if any, rather than a fixed wage. The same applies to the share he purchased, if it is held that the property itself must be returned despite its increase in value, as some followers of al-Shāfiʿī and Imam Ahmad maintain. The working partner who purchased it may claim either remuneration for his work or the customary profit share for someone performing comparable work, according to the two differing opinions.

If, however, it is held that, after taking possession of the property and transacting with it, he is required only to repay its value—as some followers of Abū Hanīfah and Mālik maintain—then the ruling is clear. In any event, under these circumstances, he is not required to repay the excess added above its customary value, by agreement. Allah knows best.

He—may Allah have mercy on him—was asked:

A man provided capital under a profit-sharing investment arrangement and then died. The working partner continued to trade with it after his death without the heirs’ permission. Is the profit-sharing arrangement terminated? What is the ruling on the profit earned after the capital owner’s death?