The Book of Mudarabah Mudarabah is partnership in profit in which a party put capital and the other party puts his labour. The mudarab (a partner who puts his labour and effort in the corporation) is a trustee (amin). When he disposes,then he is the deputy. When he makes profit,then he is the partner. If he opposes,then he is usurper (ghasib). If he puts a condition of receiving all of the profit,then he borrower. If he puts the condition of giving all of the profit to the caoital puutter partner (rabb al-mal),then he is an agent who does his work as charity (mustab`id). If the partnership is void,then he is a hired person.So he deserves an average standard wage,whether he gains any thing or not and his wage doe never exceed what was required for him according to Abu Yusuf,to the contrary of what 344 / Muhammad views. Also the capital is not to be restituted in this partnership. No mudarabah corporation can be formed except by the capital in which partnership is valid. If he gives a good and says "sell it and act in his price as mudarabah corporation" or states "get my property which is with such person and act in it as mudarabah partnership",all are acceptable too. It is required to deliver the capital to the labourer (I mean other partner) in a way that the capital owner has no more any kind of posession on it,be he party on the contract or not,like a minor in case his guardian enacts the contract or one of the two partners in case when a party enters in a contract. It is required too the profit is unspecifiedly goes to the both of the partner.So itis void,if a requirement has been put that one of them will get ten dirhams for example. Any condition which leads to the ignorance of the profit voids the corporation. If not,does not.In this case the condition is in efffective. For example the a condition which means that the labourer will bear all the risk. The labourer partner has,in general,the right of selling,buying,deputins others for both of them,travel with the corporation capital,to sahare with others ib the business of the capital,to deposit it,to gice it as collateral,to accept pawns,to rent it out,to lease any thing for the corporation and transfer the payment to the well accredited people. If the labourer-partner gives the capital to the capaital putter partner,letting him do business and share the extra profit,that is also valid. Mudarabah partnership will not be void in this last case. Mudarab may not established a mudarabah corporation,except with the permit of the capital putter partner or with his statement such as "act according to your view". 345 / Labourer partner has no right of loaning the capital away or receiving credit,ordonatingit or giving it away as charity, except bt the clear statement made by the other partner. If he buys with capital of the corporation an unsewn cloth,then he tailors it or takes it to his property,then he is doing volunteer work. If it is said to him "act according to your wishes",then he may mix it with his own property he also may prinf on it if it is said to him. He has no duty of compensating it and he becomes partner in the increase of value because of the paint. His share and the share in the cloth in the corporation will be given to him when it is sold. If the mudarabah business is restricted by a city,or type of goods,or time or by the dealing with a certain party,mudarab kas no right of trespassing it,since there is no trespassing in the partnership. If he trespasses,then he compensates it and the profit goes to him. If the capital putter partner says to him "deal with the people of Kufah or with the money excgangers",then he deals in Kufah with the people who are not from Kufah or with the people who are not money exchangers,he is not considered as trespasser. The same law is applicable if he says "buy in its market" and he buys from the market other than that.This is just opposite to the case if he says "do not buy from any market other than that". If he says "take this good and deal with it in Kufah" or "work with that in it" or "take it against half in it",these aRE ALL restrictions.This is contrary to the case if he say "take it and work with that in it (city)". Mudarib has the right of selling the goods by payin later,as long as it is not a type of posponment to which business people do not favour. 346 / If he sells and later lets to layout the payments,.it is valid.This is unanimously admissible. He may aouthorize a slave of the corporation in business,but he can not join a salave of the corporation in marriage.He also cannot buy a slave by the coporation money in a way that it may be manumitted against the partner who put the capital. If he buys,it will be his own property,not the property of the partnership,He cannot buy too one who wll be freed against him,if there is a profit in the corporation. If he does it,then he is to compensate it.If there is no profit,then that is valid. If the profit happens to be after the buying,then his share is to be emancipated,And he has no duty of compensating it,but the one who is freed will work and pay for the share of the capital putter partner. If the labourer partner buys with the rate of half ofa she-slave for a thousand and her value was a thousand,then she gives birth to a child which worths a thousand,but he claims it being well-to-do,then his value gets a thousand and half of it will be paid off by the capital putter partner in the thousand and one fourth of it or he frees it.When he receives the thousand,the labourer partner is to be compensated half of the value of the she-slave. Chapter on the Mudarab's Making Mudarabah If the mudarab partner forms amudarabah corporation without any premit,he has nothing to compensate until the second one works.This is according to the clear report made.This the two imam's opinion. According to al-Hasan's report from Abu Hanifah,he has no duty of compensating it with the work too as long as he does not earn any thing. If thge second mudarabah is 347 / already void,then no compansation is needed;if he makes a profit and compensates,where it is necessary,then the capital putter partner (rabb al-mal) has the choice of compnsating any one of the two according to the famous view. It is said that it is acoording to the differences of views as it is in the trust of a deposited material. If labourer partner is permitted to form a mudarabah and he made a second mudarabah by the the condition of a third of profit whereas he was told by the capital putter partner previosly "whatever Allah gives you will be between us fifty-fifty,or half for me and whatever exceeds it will be half and half",then the half of the profit will be for the capital putter partner,a third of it for the second mudarab and a sixth of it will be for the first mudarab. If mudarab partner gives the capital to senod mudarab with the condition of half,then half will go to the capital putter partner,and the second half will go to the second mudarab,And nothing will be for the first mudarab. If he stipulates for the second two thirds,then it will be as it is stipulated. The first one compensates for the second one sixth. If it was said to him "whatever Allah gives you or whatever you make as profit,will be between us half and half",then he gives it with a third,each one of them will get a third. If he gives it with half,then the second will get half, and each one of the first mudarab and the rabb al-mal will get one fourth. IF he stipulates for the rabb al-mal one third his working with him,for rabb al-mal one third and for him also one third,then that is valid. A mudarab corporation ends with the death of one of the partners or with the joining of the rabb al-mal to non-muslim state as an apostate. But it will not end by the joing of the mudarab partner to the non-muslim state. The mudarqab partner cannot be deposed from thei job by the deposing of the capital putter partner as long as he is not aware of it. When he learns that he was deposed,if the capital is goods,he 348 / sells them and does not dispense in the money. If the capital was in cash,the type which the capital putter partner put,he does not touch to it. If the money is not same kind with nthe capital put,he may exchange it to that particular type of money. If they get seperated while there are some credits of the people in the capital of the corporation,then he has to collect them,if there is a profit,otherwise no and he deputes the owner (that is the partner who put the capital,rabb al-mal) in that regard. All other agents,salemen amd mediators are too to be forced to collect the credits. Whatver is lost from the capital of the corporation,is to be spent to the profit first,if it exceeds the profit,then mudarab is not going to compensate for it,if they get their sharesa from that devided, and the corporation gets cancelled,then it was formed once more,but the property gets loss or some part of the second contract becomes like that,they are not going to exchange what they got from each other. If they devided it without cancellation, then they are to exchange the profit,until the capital gets completed. If any thing is left as an extra,they may share it devided. If he does not fulfill his duty,then mudarab has no obligation of compensating any thing. Chapter A mudarab partner does not spend from the capital of the corporation in his city,or in the city which he takes as his residence area,also in a vodable conrtact of the corporation. If he travells,then his food and drinks will be charged on the capital of the corporation with a reasonable measure. His colth,ride,both buying or hiring,are also to be charged with reasonable measure. The wages for the servant,and the bed in which he sleeps,washing his colth,parfuming them where it is needed are to be worked out with balanced and reasonable criteria. 349 / He has to compensate what exceeds according to the tradition. His expenses in his city will be from his own prperty,like the medication.He has to return what are left from cloth and other things to the corporation capital,when he comes back to his city. The locality,which less than travel distance,is like the market of the city,if it is possible for him to go ans pass the night with his family,otherwise it is like a travel dostance. Any mudarab who gives the capital to some agents with the condition of sharing the profit (mustab`iz) has no right of spending from the corporation budget. Whatever has been spent by the mudarab out of the profit is to be subtracted first,then whatever is left is to be devided. If he travels with his own property and the property of the mudarabah corporation,or with the proiperties belong to the two persons,then his expenditure is to be rated to them. If he sells the property of the corporation with profit,then his expenditure of transportation and things like that is to be charged,but his own expenditures are not to be counted against the corporation budget. If the mudarab partner buys a cloth by a thousand of mudarabah with the condition of getting half of the profit, and he sells it for two thousand,then he buys with the two thousand a salave and meantime the money has been lost in his hand before the paying it,si in this case mudarab has to pay one fourth of it,and the rest will be paid by the owner.One fourth of the slave belong to the mudarab,and the rest belongs to the corporation. And the capital is two thousand and five hundred.He does not sell the slave with profit,except for two thousand. f he was sold for four thousand,the share of mudarabh corporation is three thousand and the profit which is five hundred,is to be devided between the partners. If the capital putter partner buys a slave for five hundred and 350 / sells to the labourer partner against one thousand,then the latter partner has not to sell it for profit,except for five hundred. f a mudarab buys a slave who is worth two thousand with one thousand of the mudarabah by the condition of sharing half of the profit,then this slave murders a person by mistake,one fourth of the blood money is the responsibility of the mudarab,the rest is the duty of the owner.When both of them pay the blood money,then the slave comes out from the corporation budget.The slave serves to mudarab one day and to the owner three days. If he buys with a corporation thousand a slave and the slave dies before the payment is done,then the owner has to pay theprice. If it happens after that,same rulin will be reoeated.All of what he pays,is the capital of the mudarabah. f mudarab had two thousand and says "you payd me only one thousand and I gaing a thousand as profit",and the owner says "no,I paid to you two thousand",the word of the mudarab is to be taken. f they disagree on the profit along with the previous problem,then the word od the owner is to be taken. If any one who has one thousand says that he earned it,being the mudarabah of Zaid,and Zaid says it is just a property to be shared between us,Zaid's word is to be taken. Also Zaid's word is to be taken if the holder of the good says that is a credit. But Zaid says that is a property to be shared in profit or it is a trust or a mudarabah. If mudarab partner says "you made an unrestricted statement",but the owner says no, I fixed its type",then the word of the mudarab is to be taken. If each one of them claims a different type,then the word shifts to the owner. 351 / Book of the Trust (Wadi'ah) Depositing a trust is letting of the owner another person dominate on his property. Trust (deposit,wadi`ah) is a property left to the trustworthy person for keeping it,it is a trust (amanah). It is not needed to compensate in case of perishing. The deposited person has the right to keep it by himself and his family members.And he has right to take it in his journey if there is no specific bann and fear for that.The two imams are of the opposite opinion in regard the goods which need to be carried and taken care of. If he keeps it with the people other than his family members,he has to compensate it,except in cases when he fears of fire and drowning and he delivered it to his neigbour or another ship. If the owner asks for it,but he keeps it in his dominion although he is able to deliver it,then he becomes usurper. Also if he denies it from him,even if he acknowledges it later on.This is opposite of the case if he denies it to other than him. If he mixes it with his propety in a way that it cannnot be differebtiated,if both are same type,then he has to compensate it and the ownershio of the owner ends in liquids. Other types according Abu Hanifah and all non-liquid materials according to two imams the owner has the choice of letting the deposited person share it,if he wishes. According to Muhammad the liquids are also the same. According to Abu Yusuf in liquids the least one is considered to be a part of the dominant part in mixture. If the type of the mixed stuff are different,like the wheat mixed with the barley and olive oil mixed with sesame oil,he has to compensate it and the right of the owner ceases,as it is unanimously accepted. If the mix with his act,then they share it,as it is unanimously admissible. 352 / If he tresspasse the limits,as if it was a cloth he wore it or a horse,he rode on it,or a slave,he employed him,then he compensates. If he eliminates the tresspassing,then his obligation of compensation ends,this is being just the oppoosite of one who borrows any thing or hires any person. The same rulin will work if he deposits it and then takes it back. If the trustee spends some part of it and the rest perishes,he has to compensate only the amount which he himself spent.If he guives back the same type of the property and mixes it with the rest,he compensates all of it. If he dispenses in it and makes any profit,then he gives it away as charity.According to Abu Yusuf,it will be good for him. If two persons deposited one thing in a aperson,the trustee does not give the share any one of the depositors in the absence of other party.The two imams have an opposite view. If one person deposits some thing which is divisible in two trustees the two trustee devide it in two and each one keeps his share.If one of them gives it to the other,the giver has to compensate,not the receiver. According to two imams,each one has the right of keeping the whole with the permit of the other party.If the thing is undivisible one of the keeps it with the permit of the other party,This is what unanimously accepted. If the owner forbids him from giving the thing to his family members,but he gives it to one of his family ,a person who he was not with him, he has to compensate it.But if he gives it to one who he has to do it,like giving the horse to his slave ang thind which is kept by the women,to his wife,then he does not compensate it. If the owner instructs him to keep it in a specific apartment from a a building,and the trustee kepps it in a palace other than 353 / that,he has not to compensate it,except if there was any obvious defect in that place. If he was instructed to keep it in a certain home,then he keeps it in other than that,then he compensates it. If the trustee deposits it to another person and then it perishes,the first trustee only has to compensate it.According to two imams,the owner let compensate any one who he wishes. If the second trustee has to compensate,he may return to the first,but not other way around. If the usurper deposits ithen the owner let compensate any one who he wishes,as it is unanimously accepted. If any one deposits any thing to a slave,then he let it perish,he has to compensate it after the emancipation. If he deposits to a child,then he let it perish,there is no compensation at all.Abu Yusuf says that the are to compensate immediately. If a slave who is a trustee deposits the trust to a person like him,then it perishes,the owner let the first slave to compensate after the emancipation. According to Abu Yusuf the owner,let any one who he wishes, compensate it immediately. According to Muhammad if he let the first slave compensate,that will be after the manumission,if he let the second slave compensate,then that is immediately to be done. Any one who has one thousand,and each one of the two third persons claimes that he has deposited him that thousand,and the trustee rescinds his oath,then the thousand belongs to two of the claimant abd the one who rescinds the oath has to compensate the same amount to both of them. The Book of Lending a Material (`Ariyah) Ariyah is giving away the posession of a benefit without any price. It cannot work except in the materials where one may benefit whereas the good is there without perishing (non-funghible things). Lending of a measurable and weighable and countable materials are credits,except if they were fixed in regard benefitting in a way that the main material can be returned back after the benefit. Lending can be validly established by the following words: I 354 / lended you,I donated to you,I let you get the food from my farm,I let you ride on my horse,I let you get the servicew of my slave,(provided no real meaning of donation is implied),my house is a dwelling-place for you,my home is a living and settkement place for you. The one who lends (loaner,mu`ir) has the right of rescinding from it whenever he wishes. If it perishes without any touch,then there is no obligation of compensating it. The thing lended like that cannot be rented out or given as collateral,it is like the trust. If he rent it out and it perishes,the owner let him compensate which one he wishes. If tyhe one who rentes compensates,then he can return to no one. If the one who rents for himself compensates,he may return to to the renter who rented it out,provided he did not know that it wasd a loaned thing to him. The borrower has the right of loaning away the things which cannot change because of the changing of the user,like a load on a horse.But just opposite if if it changes,like riding on the horse,if he lender has fixed the rider. But if he does not specify,then that is valid too, provided it was not atomatically specified. If it was specified,that is not acceptable. If he himself rides,he has no right of letting others ride. But if he let others ride,then he has no right himself to ride. If the loan is conditioned being in certain type,or time, or with noth of them,he compensates alone the evil in case of opposition to the condition. If he mentions then unspecified,then he has right to benefit from any type of them he wishes any time he wants. It is permissible to loan a lot for building and planting. He may cancel it whenever he wishes and he let him remove both the building and the plants.He does not compensate if he does not fix 355 / any time. If he fixes time and then returns from the loan before the time,that is a repunant act. And he compensates what is short because of the removing the immobile property. It is said that he compensates its value and owns it. The one who is lended to may remove the immovables without any compensation,if the land does not loose any thing worth. In this case,the option lies with the owner. If he lends a land for tilt and cultivation,that cannot be taken back until it is harvested,no matter whether he fixed the time or not. The costs fo returning back many thing taken as loan,or rented,or trust,or collateral and usurped things are the resposibility of the borrower,the renter,deposited person,the one who gets the collateral and the usurper. If the borrower of a horse takes it to the stable of its owner or takes the slave and the cloth to the house of the owner,so he becomes acquitted from his obligation,this is just opposite to the usurpation and deposit. If the borrower gives the horse back together with his slave or employee,paid monthly or yearly,he becomes atomatically acquitted from his obligation. The same ruling will work if he gives it back together with the employee of its owner or his slave while they are standing near the horse,that is no third persons standing near the horse. And also the employee who is paid daily is under the same ruling. The precious things which are delivered to the owners house are too under the same law. Any one who borrows a land to farm needs to be registered in the title as "you gave your land to me for food (at`amtani ardaka)",not as "you have loaned me". The two imams have an opposing view in this regard. The Book of Donation (Hibah) Donation (hibah) is appropriating any thing agains ziro payment. 356 / That is formed by an offer and acceptance. It becomes complete by fully taking it to the posession. If he takes it in the same session without any permit,that is valid,but after that,the permission is needed. It is formed by "I donated,Igave it as a gift,I have given it,I have let you eat this food,I have given you this as cloth,I have have donated this to you,I made it a donation to you,my home is for you a a donation,you may live in it" and also by "I let you take the load with this hourse" with the condition of an intention must be there. If he says "my home is for you a donation of stay in or dwell of donation,evacuation dwelling place,charity dwelling place or charity lend or loan donation",then it is the lend (loan,`ariyyah). A donation is validly formed when it is unspecified fraction,as long as it is indivisible.But divisible ones. If he divides and delivers it,then that is valid. No donation of flour is valid while it is wheat,or oil while it is sesame,butter in the milk,even if it was grounded,or extracted and delivered. Donation of the milg in the udder,the wool on the sheep,palm and crop on the earth and the dates on the palm are like the donation of an unspecified fraction. Donating some thing which is already in the hand of the donee,gets completed without renewing the the reception. Fataher's donation to his child gets completed with the the contract,if the donation is in the hand of the father or in the hand of the one to whome the ftaher deposited it. But the case is just opposite if it is in the hand of the usurper,thye one who 357 / bought it in a void contract,or the wone who accepted it as collateral or wone who rented it. Giving it as charity is like a donation. The mother is like father when he is absent in a way that there is no news,or he dies,and where there is no one who will execute his will, if the child is in the family of the mother. Any one who looks after is child like this. A third peson's donation to the child becomes complete by takeing it into posession,if he is at the level of sane person,or his father or grandfather,the executioner of one of them or his mother,provided the child is with her, takes it into posesession. Or a no-relative who takes care of him takes it in the posession. Or the husband of a little girl takes it into posession even when the father is there,after the actual wedding night,not before that. Two perso may donate validly a home to one perso,but not otrher way round.The two imams oppose to this idea. And also is valid if ten people gives a charity on two poor people and donation to them. But these two actions cannot work for the two rich people.The two imams have an opposing view in this regard. Chapter on Revoking the Donation Revoking the donation totally or partly is valid. The letters of " daf` Khazqah" are not good for revoking the donation. The letter "dal" means an an attached increase,like building or plantation and oil which are not yet seperated from the source. "Mim",means the death of one of the parties. "Ain" is contervalue which is attached to the donation in case the donor received the it,like "receive this as counterpart of your donation or as its value or against it". If it was from a third person and and even 358 / if it was not connected to it,each one has a rogth to rescind in what he donated. The letter "kha'" denotes the exit from theownership of donee. "Za'",signifies being spouse during the donation.So he may revoke if he donates first,then marries her,but he can not revoke if he donates first,then divorces her in a decisive way. "Qaf" means being relative.So no revoking is possible for donor in what he donates to his non-marraible relative. "Ha'" symbolizes the perishment of the donated thing. And here the word od donee is to be taken. In the matter of the increase the word od the donor is effective. If the countervalue was given,then half of the donation wsa claimed,the donor will not return to any thing until he gives back the rest.If the whole of it was claimed he my return in both of them. If he he pays for half of it,he may return for what he was not paid. If half of it is out of his ownership,then he may return to waht was left. No return can effective until they both aggree or the judge decides. If the donee emancipates the slave after the revoking made by the donor before the decison of the court or the deliverance,that will effect. If he prevents it and perishes,then he does not compensate it.It is a cancellation from the origin,not the donation made by the donee. His actual reception is not valid. Returnin to the donation is also valid in unspeciafied fraction.If the donaton perishes,then it was claimed and the donee compansates it,he does not return to donor. 359 / Donation with condition of giving some thing equivalant,is a donation from the beginning. Rception of both of the countervalues are necessary.If one of the values is an unspecied fraction,then the donation is not valid. Donation with condition of coutervalue is a sale in terms of the consequences.So the rulings of preemption,option of giving back in case of defect detected of the deliverance and also havinf the choice of putting conditions in both of them. Chapter Any one who donates a she-slave,excepting her feotus,or he donates her with condition of returning it back to the donor or to emancipate her or to give birth to a child for him,the donation is valid, but the exception is and condition are void. The same ruling will work if he donates a house with the condition of giving some part of it back or countervalue some part of it. If he makes mudabbar the feotus of the she-slave,then he donates her,the donation in this case is void, contrary to the case in which he emancipates the feotus,then he donates her. Any one who says to his debtor,"when next day comes,the debt will be relinquished" or "you are exepted from thedebt" or "if you pay half of it to me,the rest will bne for you" or " you are exempted from it",then it is void. Umra is permitted for the beneficiary during his life and for his inharitants after his death. Umra is one's letting a person benefit from the house as long as he is alive,when he dies it wil be returned back to the donor. Ruqba is void,according to Abu Yusuf it is too valid,like Umra. Ruqba isa donation made by saying "if I die before you,my is yours;if you dier before me,the home is my". If he receives it,that becomes a borrowed material in his hand. 360 / Sadaqa (giving as charity) is like donation.It is not valid before the reception,it is also not valid in an unspecified fraction of a thing which is devisible. There is no revoking in sadaqa,even if it was given to the rich. And there is also no return from any donation made to the poor. If he says "all of my wealth or what I have is for such a person",that means donation. If he says "what is ascribed to me or what is recognized for me",then that is an acknowledgment. The Book of Renting Out (Ijarah) Ijaraj is a selling of specified usufruct against known amount of countervalue,cash or goods. Whatever is eligible for being value,can be fixed as the countervalue (ujrah,wagemprice). Renting (also leasing,ijarah) gets void with the conditions.But the options of condition,or seeing or defect will works effectively here in this transaction.It is cancellable too.And it may be abrogated. The usufruct may be understood some times by declaring the the time,like dwelling in the house or cultivating the land. It is valid for the known period od time,no matter whatever time it is. In a foundation (waqf) the conditions put by the founder is to be followed. If he did not lieve any condition,then the fatwa is that it must not exceed three years in the land and one year in the other areas. Some times the may be known by metioning the work to be done,like the coloring of the cloth and its tailoring and the loading of a fixed amount on the camel or horse for a known distance. Some times the usufruct may be fixed by pointing it,like "transporting this thing to such a place". The wage can be claimed by fixing contract,but by giving it immediately,or stipulating it or receiving what the contract is made on or getting the capacity of it. 361 / So ijarah becomes binding if he receives the house and does not reside in it until the period expires,and the wage gets void in case of usurpation,at the rate of the lose of having it. The owner of the house or land may ask for the rent money to be paid for each day.Also the owner of the vehicle may ask the fare for each rest place on the way (marhalah). The cleaner of cloth and tailor may ask to be paid after they finish the work,even if he works at the house of the hirer. The baker may have it after he takes the bread out of the bakery.But if the stuff was burnt before it is taken out, then nothing is to be paid. But if it is after that,it is still to be paid,if it occurs in the house of the hirer and there will be no compensation. The two imams say that if the hirer wishes he may compensate it,like to give the flour in the same standard and there will be no money to be paid. If he wishes he may compensate it as bread and he may get the money. The cook in a wedlock party has the right to the payment after it is served,the the maker of the clay brick has the righttothe wage after it is set on the ground,the two imams are of the the opinion that after it is taken off the ground.Any one whose labour affects on the stuff,like the colorer or cleaner who cleans with starch and egg,has the right to the wage after he goes thru the process. The right holder may imprison it for the payment.If he holds it back and it perishes meantime,no compensation is due.and also he will not have the the wage.But the two imams say that if the pesessor wishes,he compensates as colored cloth,he gets the wage,or he may compensate it as uncolored,then he will not get any wage. Any one whose act dies not leave any effect on the stuff,like the porter,the transporter in a ship and the washer of the cloth,he has no right to keep the stuff back,this is contrary to the one who returns the runaway slave to the owner. If the hirer mentiones the work unspecified (mutlaq),the laborer 362 / may use a third person for that work. If he restricts and defines the work as his personal work,then he has no right to employ a third person. Any one who hires a person with his family members,but the employee found some of his relatives died and brings the ones who are alive, he gets the wage according the calculation. If he was hired to aid a food,but he found him dead and gave it back,he receives no wage. It is the same way if he was hired to take the letter to him and returns it back because of his death. Imam Muhammad says that he has the right to the wage of going there.If he leaves the letter at the destination,he has as unanimously accepted the right of taking it there. Chapter on Allowed and not allowed Hire t is valid to rent a house or a shop even if it is not mentioned what is the work to be done there.He has the right to do every thing except what weakens the structure,like the smithship,cleanership and the milling. Leasing the land is for farming,if he declares what he is going to cultivate or puts a condition of cultivating what he wishes. It is also vali to lease a land for construction or plantation. When the period od lease expires,the leasee has to uproot the construction or the plant and deliver it with no construction and plant on it, except if the lessor pays the value of them when they are uprooted bnased on the consent of the owner. If the land is without any construction,as they are uprooted, and without the consent of the leasse or when he leaves them with the consent,then the construction and the plants go to the leasee and the land goes to the leasor. 363 / The grass is like the a plant.The crops are to be left against the average standard wage until they ripe. Hiring any carrier animal is for riding and carriying;hiring the cloth is for wearing,if he mentions it undefined,he has the right of letting any one who he wishes to ride and to wear.When he himself rides or wears or lets any one else to ride or wear,then it gets fixed,no one else can use it. If the lessor defines the rider or the person who will wear it,but the leasee breaks the condition, then he has to compensate it. All transactions which change with the changes of the user are the subject of the same ruling. Any thing which gets no change with the difference of the user,then restricting and qulifiying it is meaningless. So if the lessor stipulates the dwelling of certain person,the leasee has the right of letting a third person to dwell there. If the leasor fixes the load to be carried by the carrier animal in terms of type and amount,like a kurr of wheat,the leasee has the right to load the same level or less than that any thing possible,like the barley and sesame,but not things which are heavier than that,like the salt. If he fixes some amount of the coton,then he has no right of loading iron with the same weight. If he puts more than what he agreed upon and the animal collapses,then he has to compensate the differenec he put more,if the animal was able to carry what he loaded on,otherwise the whole amount he has to compemsate.If he lets another person sit at the back of rider,he has to compensate the half. The heaviness of the weight is not to be counted. If he puls the reign of the carrier forcefully to himself or beats him,then it perishes,he has to compensate it,the two imams are of the opposite opinion in the areas where beating is normal. If he trespasses with the horse the place he had fixed before,then he compensates it,he is not to be relieved from the responsibility by bringing the carrier back to the fixed point.This is so even if he hires it for a round trip according 364 / to the most correct view. If he takes off the sadle of the donkey and puts on some sadle similar to what it was put on,then he has nothing to compensate. But if he sadles it with some ting which was not used in similar cases or puts a belt which was not used to belt,then he has to compensate. The same ruling even if he belts it with a belt which regularly used for that reason. The two imams say that he has to compensate only the amount which exeeds the sadle in terms of weight. If the loader enters the way which was not fixed by the owner,but the way being the way used by the public,then there is nothing to be compensated by the loader,provided the two ways were not different. If the two ways differ one from another or it was the way wchich was not used by the public or he takes it through the sea,then the load perishes,he hads to compensate it. f he already informed him,then he gets the wage. If he fixes the cultivation of the wheat and he cultivates any vegetable,then he compensates teh amount of land damage.And he will not get any wage. If the tailor was instructed to sew a shirt,but he sews an outfit,the owner has the choices of either paying the value or taking the outfit and paying the average standard value which will never exeed the amount which was agreed upon.The same ruling will work if he insructs to make an outfit,bou the tailor sews a pants according to the correct view. It is said that in this case the owner makes him compensate with no choice. Chapter on Void Renting and Hiring In a void rent or hire the average standard wage is necessary.And that does not exceed on wahat has been fixed before. Any one who rents house against each month so much rent,that transaction is valid for one month only,exept if he names all months at a time. 365 / Any month in which he sets some time in it,the contract gets validated. And his rigth of cancellation of the contract ends. The clearest view is that it stays in the first night and day. If he rents it out a year for such amount of money,that is too valid,even if he does not clarify the instalments to be due for each month. The beginning of the period is the time which was fixed,otherwise the time of the contract is the commencement date. If the contract was made when crescent was there,then the month will be taken as lunar, otherwise it will be with days.According to Muhammad the first one will be by the days,and the second one with the crescent (lunar). Abu Yusuf is with him according to a report and with Abu Hanifah in another report. he waiting period in divorce is too subjugated to the same ruling. It is permitted to take the wage for the turkish bath and blood taking,but not the wages of for letting the male goat join in sex with she-goat and the wages for religious observances,like calling to the prayer,pilgrimage,leading the prayer,teaching Qur,an and Fiqh,and also for any disobediances,like singing or mourning after death and games. Today getiing peid for the followings are religiously permitted: Leading the prayer,teaching Qur'an or Fiqh. The employer may be forced to pay what has been fixed as wage,and he may be imprisoned for that. He also may be forced to give fixed traditional gift to the teacher. To rent unspecified fraction of a partnership property is valid only if it has been done by the partner,according to two imams that is unconditionally valid. If he rents a house to two persons,that is unanimously accepted. 366 / It is also valid to hire a foster mother to breastfeed the child against a fixed amount of money;it is also valid if it is done with with the food and clothing.The two imams are opposing to this opinion. The mother hire to breastfeed the child, has to give the child bath,to wash his cloths to prepare his food to take care of his creams and lotion. She is not to pay for any one of them,the expenses and her payment is due to the one who has to support the child. If she feeds the child with milk in the botle at the period or gives him some food,she does not get any wage. The husband of the foster breastfeeding mother may make sex with hher,but not in the house of the employer. he husband has too the right of cancelling the the contract of hiring,if he did not give his consent,provided the marriage is claealy valid,not if only she acknowledges it. The people of child may cancel it,if the hired mother gets sick or pregnant. The hire of a weaver to make for him a cloth with the half or hiring a donkey to carry for him a load against one qafiz (a unit of measure) of the the food carried,oralso hiring an ox to mill some wheat agains some qafiz of the flour out of it, all of these are void. It is binding to give the average standard amount payment which will not exeed the fixed amount in all of them. If he hires an employee to make for him bread as today (al-yawm) one qafiz for a dirham that is not valid,the two imams are opposite opinion.If he says "at the day (fi'l-yawm)",the contract unanimously valid. If he leases a land with the condition of tilting it and cultivating it or watering and cultivating that is valid. But if he leases it with condition of tilting it twice or excavating its river or put a fertilizer on it,these are not valid. 367 / Itis also not valid,to hire a land for farmingagainst a farming another land,to hire an animal to ride against a ride another animal,and renting a home for setlement against a setlement in another house or hiring a cloth against another cloth. If the partner hires it or hires a donkey to caryy the food,both of them belonging to himself,no wage is to be paid,as it is the situation in a contract giving a collateral and hiring the colateral good from the deposited back. If he leases a land and does not mention that he will cultivate it,or does not clarify what he is going to cultivate on it,that is not valid,if he does not generalize it.If he cultivates and the fixed period expires,then that turns to valid and he gets the fixed amount. If he hires a donkey for going to Makka without mentioning what he is going to carry on it,then he carries any normal type of load,but the donkey perishes,he has nothing to compensate. If it reaches to Makka,he gets what is fixed. If the parties get into conflict before the cultivation and carriying, the lease and hire becomes void for the conflict. Chapter A common employee is a person who works for more than one person and he does not deserve any waqe until he does the work.For example the colorer and the cloth washer. The good is a trust in his hand. He does not compensate if it perishes.If it was stipulated that he has to compensate,that will be the official religious opinion to be given. According to two imams it is to be compensated,if avoiding from it was possible,like usurpation and stealing.But it is just opposite.if it was not possible,like the death,an overall fire and an overwhelming enimy. The common employee will compensate what he damages because of his work,this is unanimously accepted.For example if he tears 368 / the cloth with his act of washing,or causes the carrier animal slip,or the rope by which the load was tied up,breaks, or the ship sinks because of the pulling the rope it was tied with. But he has no obligation of compensating any human being who was drowned in that ship or he fell from the horse (carrier). A blood taker from human being or animal will not compensate as long as he does not trespass the usual level. If the earthenware pot breaks in the way of Euphrates,the owner lets the porter compensate the value of it in the are of loading and the porter will not get any wage or the value of it at the place where it was broken. And the porter will get the payment according the calculation. A private employee is one who works for one person only,he also is named as the employee of one person. He deserves the payment by submitting himself for the service along the period fixed by the contract,like one who was hired for one year service or for letting ship graze. The private employee does not compensate what perishes in his hand or what perishes because of his work. It is valid to give choice of payment between the two different benefits.Any one of them takes place,the one which was fixed gets binding.For example if he says "if you sew the cloth in Persian style,one dirham,if you sew it in Roman style,then two dirhams" or "if you paint the cloth with yellow,one dirham,but if you paint it with saffron,then two dirhams" and "if you settle down in this home,one dirham a month,but if that one,then two dirhams". "If yo ride on it upto Kufah,one dirham,if to Wasit,then two dirhams". The same law will work if he gives the options in three of them,but not in four of them. 369 / If the hirer says "if you sew it today one dirham,if tomorrow,then half of a dirham",the employee sews today,gets one dirham.If he sews it next day,he will get the average standard wage (ajr mithl) with a condition not passing half of a dirham. The two imams say that two conditions are valid. If he says "if you occupy this shope halal cosmetic products,then one dirham;if you work as smiths,then two dirhams",that transaction is valid. The two imams are of the oppsing opinion. The differences of view are there if he says "if you ride with this carrier animal to al-Hirah one dirham,if you pass it until the al-Qadisyyah,then two dirhams" or if he says "if you transport a kurr (a unit of measure) of Barley at the back of tha animal to the al-Hirah one dirham,if a kurr of wheat,then two dirhams". The hirer cannot travel with a slave he hires for the service without stipulating the travel. If he hires a slave who is barred from any disposition,he works and gets a payment,so he has naot to take it from him. If a usurped slave rents himself and the usurper eats what he gets as payment,he has not to compensate it;the two imams are of the opposing opinion. But the patron takes what he finds left. The reception of the slave his payment is valid. If he lets his slave be hired for "these two months, a month against four dollars and a month against fivedollars",that transaction is valid,the firs one will be four dollars. If he hires a slave,then he runs away or gets sicl,the hirer claims that he was present at the beginning and the patron claims 370 / that he was present a few minutes before informing,then the present situation is to be taken for decision.If the slave is present and healty,the word of patron is to be taken,otherwise the word of hirer is to be taken. The differences in cutting of the water of a mill and let it run. If the owner of a cloth says "I instructed you to paint it red,you have painted it yellow",the employee says "you instructed me what I have done",the owner has to be accepted. The same differences of views are effective in the shirt and overcoat. If theowner swears,the employee compensates the value of the cloth not made and he gets no payment or he takes the cloth and pays the wage ast the level of average standard which will not pass the fixed amount. If the owner says you made it for me free" and the labourer says "with a wage",the the word of the owner is effective.According to Abu Yusuf the word is the labourer's,if he is a professional,according to Muhammad it is also for the labourer,if he is known doing it against payment. Chapter on Cancelling the Rent and Lease It wall be cancelled because a defect which alleviates the benefit,like destruction of the house,cutting of the water of the land or the mill or damages the benefit,like the sickness of the slave or a wounded horse. If the hirer benefits from it while it is defective or the renter removes its defect,then his choice ends. he transaction gets cancelled by the excuse which is being 371 / unable to fulfill the obligation stemming of the contract,not by bearing the damege which is not due stemming from the contract,like uprooting a teeth that has no longer pain after he was hired and cooking for the wedlock party of a bride who died after he was hired for cooking or she was divorced with the way of khul`. The same law if he rents a shop to make a business in it,then his he looses his business or he hires some thing,then he gets drowned in debt and cannot find any thing else to pay off but the value of what he had hired,even if it is with his acknowledgement or he hires a slave to serve him in the city or in any place,then he travels or he hires a carrier animal,then he discovers that the journey. But if the renter gets know it,that will not give any excuse. If he gets gets sick,that is an excuse according to the report of al-Karkhi,but not report of al-Asl (al-Asl is a book of the Imam Muhammad.Y.Z.K.). If the tailor hires a slave to sew for him and he goes bankrupt,then that is an excuse;that is contrary to to a tailor sewing for money and also comtrary to leave the tailorship to work in gold business and also contrary to sell wahat he rented out. If he rents a shop for tailorship and leaves it and starts another business,that is an excuse. The same law is applicable if he rents a real estate then he decides to go to journey. The transaction ends by the death of of one of the parties who contracted for himself.If he contracted for another person,that will not end as it is the agent,executioner of a will and the trustee of a foundation (waqf). Miscellaneous Issues 372 / If he burns up the crops of a leased or borrowed land, then he burns some thing belongs to the land on a third person,he has not to compensate,if the weather was calm,if it was windy he has to compensate it. If the tailor or painter lets sit in his shop a person who will work for him with half,then it is valid. The same law is applied if hires a camel and two riders to carry his load to Makka. The hirer has the right to carry the normal load publicly recognized. If the camel owner sees the load, then that is better. If he hires to carry the food,then he eats some thing from it,he has to pay its valkue. If he says for a usurper of his house "evacuate it or rent it with monthly rent so much" and he does not evacuate it,then he has to pay the fixed amount. If he denies the ownership or doe not deny,but says "I don't want it against the monthly payment",then nothing is due to be paid, even if he proves his ownership after his denial. If he rents out what he he rented for an amount more than the original rent,he has to give as charity the surplus. Renting is valid if made suspended to a future time. Also the following transactions can be made under the time factor suspended to future : The cancellation of the rent, muzara`ah (sharing the farming of the land), mu`amalah (sharing in transaction),mudarabah,agancy,guaranteeing, making the will, appointment to be judge, leadership of the community,the 373 / divorce,emancipation and foundation. But selling,or approving the sale, its cancellation, devision, partnership, donating, marriage, revokable divorce, amicable setlement against a property and acquitting the debtor from debt are not possible to done suspended to the time . The Book of Mukatab Slavery Kitabah is an immediate freeing from the point of transaction and sole posessing from the point of the property. Any one who makes kitabah his slave,even if he is minor,but understansing the immediate ownership, delayed or installed type of ownership,then he accepts it,that becomes valid. It is also valid if he says "I fixed for you a thousand you just pay in installments, of which the first one will be so and so, if you pay it you are free,otherwise you are slave", the n he accepts it. If he says "if you pay me a thousand given each month one hundred, then you are free", this is a suspension. It is said that that is kitabah. When kitabah is validly established,the mukatab slave comes out from the hand of the master (yad al-mawla), but not from his ownership.If the patron damages his property, then he compensates it. Also the same law, if he makes sex with a she mukatab, or makes a cime agains it or her child. If he makes kitabah against his value, it becomes void,if he pays it it becomes emancipated. The same way it is void if he makes kitabah against a thing which belongs to a third person,a thing which can be identified by its identification or against a hundred, It is to be given back to him if it is a non idebtified slave. According to Abu Yusuf that is permitted.The hundred is to be divided upon the value of mukatab and the value of an average slave, and the part alloted 374 / to the slave gets invalidated and the rest the countervalue of kitabah. If a muslim makes kitabah against the alcohol or pig, it is void,if he pays he gets freedom and it becomes his debt to pay his value. Kitabah on a dead body or blood is void, he is not to to be manumitted against the payment of the fixed amount. The value becomes binding in a in valid kitabah. The value can not be less than the fixed amount,but it may exeed it. Kitabah done on an animal,its type is mentioned or not,not its quality,is valid and it or its becomes binding. It is also valid if a non-believer makes kitabah of his infidel slave against alcohol with fixed amount.Any one of them converts to to Islam, then the master has the right to get its value and the slave gets freedom by paying the alcohol. Chapter on The Transaction of Mukatab He has the right of selling and buying and travelling,even if the opposite has been stipulated. He may join his she-slave in marriage and he may grant to his slave the kitabah status.If the second slave pays after the manumission of the first,then his wala' relation will be for him;but if it happens before,then the wala' will go to the patron. He has has no right of uniting him without the permission,and cannot donate any thing even against a countervalue. He may not give any thing as charity but very few amonut.He may naot accredit any one,he can not emancipate even against any property,he cannot join his slave in marriage,he also cannot sel him for himself. The father and the beneficiary of a will regarding the minor slave are like mukatab. 375 / An authorized slave cannot own any thing from that.According to Abu Yusuf he has the right of uniting his girl-slave in marriage. Mudarab and partner have also enjoying the same differences of views. If a mukatab buys his blood relative he also enters under his kitabah. If he buys his non-marriable relative not coming from birth,he will not enter in it;the two imams are of the opposing opinion. If he buys his umm walad with her child,the child gets included in the kitabah. And the mother can not be sold,if the child is not with him,her sale is valid.The two imams are of the dissenting opinion. The child of a mukatab from his she-slave is included in the kitabah.His earning goes to him. If he unites his girl-slave with his slave,then makes with both of them kitabah,then she gives a birth to a child,the child is included in in the kitabah of the mother.And his earning goes to her. If a mukatab who has been licensed to work unites a woman wo he thought that she is free,then she gives abirth,then her child was claimed by a third person, her child is slave. According to Muhammad he is free. And his value can be taken after he was manumitted. If the mukatab makes sex with a she slave she owns without the permission from his master after the manumission, then she has been claimed, a compensation is to be taken immediately. The same way if she buys her in a void transaction,yhen he makes sex with her,and gets returned back. If he makes sex with her in a marriage, the compensation is not to be taken,except after his manumission. The one who is authorized in doing business is like him. Chapter 376 / When a mukatab she-slave gives birth to her master,she passed the kitabah or she was unable to pay the her own kitabah value,she is his masters umm walad. If she passes the kitabah,then her compensation is to be taken from the master. If the master dies, she is manumitted and no payment is due as the kitabah value. If she dies and leaves an amount of property,her kitabah money is to be paid from that property ahatever is left is an inheritance for his son. And no blood relation between master and and the one whome she gives birth after the second child without any claim. The second child is like her regarding the the status. If he makes kitabah wih his mudabbar and umm walad,that is valid. If he dies she gets her freedom with no payment. A mudabbar may work for his value of kitabah or two thirds of his value if he is poor.According to Abu Yusuf he will work to pay the lasser one from the two thirds of his kitabah money or two thirds of his value. If he makes his muatab slave mudsabbar,that is valid. If he passes that or she becomes unable to pay for her and becomes mudabbar. If he passes upon it and his master dies as poor,then he works for two thirds of his value of kitabah or two thirds of his own value. According to two imams he has to work to pay the lesser amount of the two. If he emancipates his mukatab, he becomes free and the kitabah value gets excempted. If a kitabah is made upon the delayed thousand,then he settles with hald to paid immediately,that is valid. 377 / If an ill person who made a kitabah whose value is a thousand, against two thousand for a period of one year, dies and he has no wealth other than that,and the inharitants do not approve it,the slave has to pay two thirds of the kitabah value in that point of time. The rast will be on the appointed time or he may be returned back as slave. IF he made kitabah against one thousand and his value is two thousand and they did not approve it,either he pays two thirds of the value immediately or it is to be returned to slavery as it is unanimously accepted. Sellling is also like that. If a free person makes kitabah of slave against a thousand and he pays for him,he gets freedom. He does not return for that to him. If the slave accepts it,he is mukatab. If he makes kitabah kitabah wih a slave for himself or for a thir slave who is absentee,then he accepts it,that is valid. The acceptance od the absentee and his refusal is meaninigless. The one who is present will be responsible for the whole of kitabah money and the absentee will never be taken for any thing. Any one who pays the master is to be forced to accept. Both of them get freedom. No one can appeal to the other. It is also the same if he makes kitabah with both of them together. No one gets freedom by paying his share contrary to what if both of them were for two different persons. If one of them gets unable to pay,then the other pays the whole amount,both become free. If he makes kitabah with a she-slave for her and for her two children,that is also valid. Which pays,the master is to be forced to accept.They all become free.The payer will never appeal to any one els. 378 / Chapter on Kitabah of Shared Slave If one of the partners ib a slavery authorizes the other party to make kitabah his share for himself against a thousand and get the amount,then he does it and receives some of the amount and then the mukatab gets unable to pay,the received amount goes to the receiver only.The two imams say it is to be between them. A she-slave belongs to two man,they make a kitabah with her,she gives birth to a child,one of them claimes the child,then she gives birth to another child,the other shareholder claims it,then she became destitute,she is umm walad for the first one,the first partner has to pay half of her value and half of the dowry to him and the second pays the whole of the dowry and the value of the child.The second child is his son. Any one who pays the dowry to mukatab slave before she looses her capacity,that is allowed. According to two imams the blood relatin between the child and the second partner is not established. And he does not compensate his value. His status is like his mother. He compensates the whole of the dowry.Thed first compensates the half of her value as mukatab according to Abu Yusuf and the lesser one from it and the half of what has been left from the kitabah value according to Muhammad. If the second does not make sex, but he makes her mudabbar,then she becomes destitute, tadbir gets void. She is umm walad for the first and the child goes to him. He compensates half her value and half of the dowry. If one of them emancipates while he is rich,then she gets destitute,the freed slave compensates half of her value and he 379 / returns to her. The two imams have a dissodent view in this regard. If she is not unable,then there is no compensation. According to two imams the well-to-do partner compensates. He has to work to pay for the poor partner. If one of them makes their common slave mudabbar,then the other partner being well-to-do emancipates him,mudabbar has to compensate for him or he makes a slave work for him or he may manumit him. If they do it other way round,then mudabbar manumitts or lets a slave work.According to two imams if the first make tadbir,he compensates half of his value,well-t-do or not. The emancipation of the other is meaningless. If the first emancipates,he compensates if he is well-to-do or he lats a slave work for him if he is poor. The tadbir of other oparty is meaningless. Chapter on Incapacity and Death When mukatab gets incapacitated to pay an instalment,if it is hoped that he will get some wealth,the judge does not rush to declare him in bankrupcy,but gives him two or three days time,otherwise he declares him unable to pay his debts and cancells the kitabah transaction provided the master wants it or his master declares him bankrupt with the consent of the judge. According to Abu Yusuf the judge does not declare him bankrupt until can not pay two consecutive debts. When he is put in the bankrupcy, the rule related to the salavery gets back.Whatever he has goes to his master. The property is halal for him even if it originates from charity. If mukatab dies while he was paying,his contract is not to be cancelled. His kitabah money is to be paid from his property and it is to be decided on his freedom in the last part of his life and the rest of his wealth become inharitance. The children whom 380 / he bought or were born in kitabah relation or were included in his kitabah as being dependents or willingly all become free. If he does not leave enough money to pay and he has child who is born in during his kitabah,he has to work to pay his instalments. When pays,then a decison has to be passed for his freedom and the freedom of his father before death. The bought child either he pays immediately at once or he is to be returned in slavery.According to two imams he is like the previous case. If mukatab dies and leaves a child from a free wife,and sone credits to some people which is sufficient to satisfy,and the child makes a crime,then the blood money has been decided to be paid by the relatives of her mother,the verdict does not mean the banckrupcy of mukatab. If the masterr of mother and the master of father disagree on his wala' relation and the judge decides that wala' relation goes to the master of mother,then that is automatically a decision on his banckrupcy. If a slave makes a crime, his master makes a kitabah without knowing his crime, then he was unable to pay, then either he pays or he gives him as compensation. The same rule if mukatab makes a jinayah (crime), then he becomes unable to pay before the decision passed about it; if the decision is passed after it,then it becomes debt for which the slave is to be sold. The kitabah gets not invalidated with death of his master.His kitabah money is to be paid to the heirs of the master in installments. If some of the heirs emancipates him,their freeing is not valid.If all of them emancipates he gets freedom against no money. The Book of Wala Wala' will go to one who emancipates a slave even if it is by tadbir or making her umm walad or by kitabah or making a will or 381 / entering under the ownership of a relative. It is meaningless if it is stipulated for any one other than previously mentioned or stipulated to be beneficiary from inharitance. Any one who frees a pregnant from a slave husband,then she gives birth in period less than half a year,the wala' of the child will go to the emancipater,that wala does not change from him to another person at all. The same ruling if she gives birth to twins,one of them being born in less than half of a year. If he gives baith in a period more than half of a year,then his wala will go to the master of the mother. If the father emancipates him,he draws wala to his masters. And the previous ones will not return to them for what they paid as blood money before this drawing. If a non-arab who has/ has not a master of muwalat marries to a freed she-slave and she gives birth to him,the wala' of this child will go to her masters. According to Abu Yusuf,his status is the status of his father. The emancipater comes before Zawi'l-Arham ( a group of relatives in the islamic inharitance law), but comes after the asabah who has blood relation with the deceased. If the master dies,then the emancipated person dies, his assets will go to the nearest asabah raletive of his master,then it goes to his son,not to his father if both of them are there. According to Abu Yusuf,his father will get a sixth and the rest will go the son. If the relation is the same,then the devision will be equal. The women folk will not have any thing from wala' except what they themselves emancipated or the ones whom the freed emancipates or they make kitabah ot one whome they made kitabah makes kitabah. This a saying of the Prophet (pbuh). Chapter on Wala of al-Muwalat 382 / Wala' al-muwalat has a source of contract. If a non-arab becomes muslim at the hand of a person and he makes a muwalah agreement with him that he will imharit him and pay his blood money or he makes a muwalah relation with a parson other than one who accepts Islam in his hand,that is valid, if he is naot freed person. His blood money will be his resposibility. His assets after death will go hgim, if he has no inharitant. He comes after Zawi'l-Arham. He may acncel it with word in his presence and also waith acts in his absence by changing it a nother person. But if he pays his or his son's blood money nor he his son cancel it. The one who is higher in status has also the right of acquitting himself from wala while he is present. If a woman becomes muslim or makes a muwalat agreement or acknowledges for a wala',then she gives birth to a child whose blood relation is not known or she had already with her a child,that will have her status. The two imams have a dissentin view. The Book of Force That is an act which one excercises on someone with which he loses his will or restricts his choice whereas he is still competent. It is required here the ability of the enforcer to exercise what he threatenedmno matter whether he is powerful independently or he is a thief. It is also required the fear of the person under the threat that it will take place and it is also required the person under the threat is away from doing what he was threaned for before the force based on a right of his own or a right of another person or a right stemming from Shari`ah and the threat must bew at the level of killing him or wonding his organ or eliminating his his choice. 383 / If he is forced to sell or buy or rent or confess a murder or a severe beating or long imprisonment,then he gets the choice of either cancellation or execution. The nuyer gets the pwnership which is voidable if he gets hold it. If he emancipates any slave,his manumission is valid and it is binding for him to pay his value. Receving the payment and delivering the sold good willingly is an approval.But it is not approving if it is done under the force. Givin the gift willingly after being forced to that does not also mean approving it. If the sold material perishes in the hand of a buyer who bougfht it without any force,he has to pay its value. Tseller may compensate any one of the force user or buyer,if he compensates to the enforcer then he may appeal to the buyer with its value and if he compensates to the buyer after the changing hands by many sales,each buying which takes place after his buying gets effective, but not what happened before. If he approves one contract from then,the ones took place before that get effective too. He has the right to claim it back if it is cancelled,if there is any thing left. Beatin with a whip or imprisoning a day,does not mean force, except for one who gets injured with that much because of his high position. If he was forced to eat flesh of a dead animal,enhail blood or eath the meat od a pig or drink alcohol by a beating or imprisoning or tieing him up with ropes, it is not lawful for him to eat any thing because of that. But if it is made by a muder or chopping off an organ,then it is lawful. He sinns if he abstains from eating and causes the death if he knew that it was lawful for him as it is the situation in hunder. 384 / If he is forced to disbelieve or slander the aprophet,pbuh, with a threat of murdering or cutting an organ,then he is permitted to show purwardly what is wanted,but his heart will be keeping the belief.But here he may be rewarded by his perseverance to injury. But there is no permission available beyond these two reasons (murder and cutting an organ). If he was threatened to damage a property of a muslim by one of these two ways, he is permitted to to do that and the enforcer has to compensate it,but if he is obliged to kill or chope an organ,then he is not permitted to do that. If he does it the retaliation is to be done only by the enforcer.According to Abu Yusuf there is no retaliation on any one of them. If was threatened to throw himself from the top of a mountain,then he did that,his blood money is to be paid by the forcer's relatives (`aqilah). According to Abu Yusuf it is due to be paid out of his property.According to Muhammad there is a retaliation to be taken from forcer. If he is forced to detah by throwing him from the heights or burning him or drowning hin in water,all of them causing to perishment,then he has the choice of doing it or holdin himself back.The two imams are of the opinion that he must bear it with patience. If the ship gets fire,if he bears he will be burnt and if he throws himself to the sea,he will be drowned,according to Abu Hanifah he has the choice. Accoirding to Muhammad he has to persevere. If he is forced to dovprce or freeing or delefating any one of the two,that will be effective,he has to return with the value of the slave to the forcer. He also returns for the half of dowry if the divorce happened before the actual sexual intercourse. 385 / There is no way of returning if it happens after the first night. The oath taken by the forcer,his vow and his divorce by the way of Zihar are effective. He will not return for any thing he loses because of that. His revoking his divorce,his making ila' and his canccalltion of it and his acceptance of Islam under force are effective. But in the last type of accepting Islam,there is no death penalty if he returns back from Islam. The acquittance of a creditor un the force is not valid or the leaving Islam under the force is also not valid. His wife does not become divorced.If she claims,then what the husband reveals out gets effective. If the perso under the force claims that his heart is fully satisfied with belief (Islam),then he is be accepted. If he was forced to make adultery and he did,he will be punished if he was mot forced by the ruler.But according to two imams,there is no penalty for tha.And this the religious viw to be practised. The Book of Retriction of Capacity (al-Hajr) That is preventing the execution of the disposition and transaction made verbally. The reasons are: being minor, insanety and slavery. So the dispositions of a minor, or a slave whp ha no permit from his guardian or master. The transaction of a fully inflicted sane is too not effevtive. If any one of them,transacts while he is understanding,then his guardian has choice of either approves it or cancells it. If any one of them damages ant thing,then he has to compensate it. The divorce of a minor or insane,and their emancipation and also their acknowledment of debts are not effective. The divorce of a slave is valid,also his acknowledfgement of debt for himself,not for his master/ If the slave acknowledges a property,that is binding for him to execute after he is manumitted. If he acknowledges any hadd or blood crime,then that is binding immediately. 386 / A stupid and carelessly waster of the money (al-safih) can not be subjugated to the restriction,even if he is a squanderer. Any one who reches the puberty without having any power of differentiating good and bad (rashid),his property canoot be delivered to him until he reaches to the age twenty-five.When he reaches to that,then it can be given to him,even if his being rashid cannot be discerned. If he transacts before that,that will be effective. According to two imams a safih can be restricted.His property cannot be delivered to him as long as it cannot be noticed.And his transactions is not valid. If he sells any thing,that will not be effective,if there is a profit in that,the judge can approve it.If he manumits any slave,that will be effective and the slave will work to pay his value. If he makes tadbir,that is also valid. If he dies before he reaches to the level of rashid,the slave works as mudabbar to pay his value. A safih can marry against the standard average dowry. If he fixes an amout more than that,the surplus is void. A zakah is to be taken out of his wealth. His expenses and the expenses of one who the safih is supposed to support will be done from his wealth. The judge gives him an amount equal to his zakah in order to make him pay personally or to delegate any trust worthy person to pay on his behalf. If je wants to make pigrimage to Makka,he does not prevet him from doing that also not from doing one Umrah only. His maitanace money will be given to a trustworthy who will spend on him while he is on way.The money is not to be given to him. His will in the area of drawing near to Allah and doing good for the public are valid out of the third of his wealth. A mufti (religious opinion giver) who is careless,an ignorant 387 / physician and mediator remter of ahorse or camel who himself does not own the animal all are unanimously to be resticted in terms of competence in dealings and transactions. A sinner and cheater in business are not to be restricted if the latter is good in his wealth. Also the debtor is not too to be restricted. The judge does not sell the debtor's wealth for debt,but he imprisons him until he sells himself his wealth. If his wealth is same kind with his debt,the judge pays it out of it. And he exchanges one of the two money unit with other,according to generally accepted practice. According to the two imams he is to be restricted,if the creditors ask for it. He has to be prevented from any transaction,or acknowledging any debt. The judge sells his wealth if he abstains to do that and devides it among the creditors according to rates of their shares proprtioned to the total. If the debtor confesses his state of resrstriction,that is alos binding after the paying the debts,not effective immediately. The person who declared banckrupcy is to be spent on him and on the one who is to support from his wealth.But fatwa is on the two imams view as to sell his wealth in case of his abstantion. First the money units are to be sold,then the mobile things and then the immobile goods. A pair of cloth is to be left for him.It is said that two pairs are to be kept back fpr him. Any one banckrupts and he has some good for some one else who bought,so the owner of those stuff equals to the creditors. Chapter A boy is baligh (reached to pubarty) if he his sperms are discharged while he is sleeping or discharges it or he lets a woman get pregnant from him and a girl becomes baligha by menstrual bleeding,dishaging while she is asleep or gettin pregnant. 388 / If nothing happens like that,then if age eifhteen gets completed in boy and seventeen in girls is the gae of puberty. According to two imams fiteen yaears in both of them is enought.This is one of the reports coming from Abu Hanifah. This is to be given as fatwa. The minimum level of age is twelve years for boy and nine years for girl. When they reach the adolescence years and say we have reached to puberty,their words are to be accepted and they become as baligh in their status. The Book of Authorized Slave Authorizing means lfting the restriction and ending the right. After that the slave disposes with full capacity. The master does not need to guaranree him. It cannot be lemeited by the time. So the master permits him one day,he is authorized forever until a ristriction is put on him. The authorization cannot be specified with some restriction. If the master permits to some type of business,he will become authorized in all types of businesses. Permit may be done with explicit and implicit sentences by a way of seeing his slave selling and buying something and then he keeps quite.It is equal whether the sale is for the master or a third person with his instruction given explicitly even if the sale is voidable. The authorized slave, who is permitted in general,not permitted to buy a specific thing or food or cloth, can sell and buy, or delegate in both of them, make salam transaction, or accept salam,or give things as collateral or accept as collateral or make a joint venture for farming the land, or buying the seed to farm, or being partner of a `inan partnership, or renting any 389 / thing to any one, even to himself,entering in mudarabah partnership, investing the wealth in mudarabah, giving some part of the wealth to another for further business, lending things, ackmnowledging a debt or a trust or usurpation for any one. If he sells and buys with a big loss (ghabn fahish),that is valid, the two imams oppose to this idea. If he sells with a los in his deadly illness,that is valid from all of his wealth if he has no debt to pay.But if he has debt, then it is from the whole of what is left. If nothing is left, then the buyer pays all of the loss or gives back the sold material. The authorized slave may host his parner in transaction, he may deduct from the price for the defects and may athorize slave of his patron for trade. But it is not permitted marry or unite in marriage his slave. Also his she-slave, Abu Yusuf has a dissident view. He cannot make kitabah or manumits even against a property or give it in credit, or donate it even against some thing, or donate any food,except very little. A ristricted person cannot donate even any thing which is very little. According to Abu Yusuf if the patron gives to his ristricted slave food enough for a day,then he calls his friends to eat with them,nothing wrong with that. This just opposite to the case if he gives him food for a month. The scholars say that "it is nothing wrong for a wife to give as charity from the house of her husband thinds which are not much, like a piece of bread etc. Whatever becomes binding as debt to an authorized slave because of business or similar acts he has done, like 390 / selling, buying, renting, hiring, usurping, denying the trust, paying the dowry of a she-slave whome he bought and made sex with and she was claimed by a third person, all of this bonds bind himself. So if his master does not give him away, he is to be solved and his price and what he has already in his hand from his earnings are to be divided according to the proportions, all being equal what he earned before the debt or after it or got it as donation. What is left as his debt will be demanded from him after his manumission. Whatever the patron takes from him before the debt will not be taken back from him. The patron may receive the stabdard average payment with the debt. But the surplus will go to the credtors. An authorized slave will be automatically ristricted, if he runs away or his master dies or turns to be fully insane, or joins to the land of war (Dar al-Harb) being converted to non-Islamic faith or his master put ristriction on him and the majority of the business people in the market knew about it. And the she-slave is also becomes ristricted if he makes her umm walad,but not if he makes her mudabbar. The patron has to compensate their values to the creditor. His acknowledgment of a debt or wahat he has in his hand is a trust or a usurped thing after the restriction are effective. The two imams oppose this idea. If his debts surpasses his own value and the value of he has in his hand,the patron will not own what is in his hand. If the patron emancipates a slave from what the authorized slave has in his hand that is not effective. According to he will own it and his manumission is valid. If the debt does not surpass then that is valid as unanimously accepted. His sale to his patron against a standard average value.not less than that, also his patro's sake to him with standard average amount of money,but not more than that,are all valid. If he sells against an amount bigger than it should be, he has to deduct the surplus or he lessens the sale. 391 / If his master delivers to him the sold good before the payment, the payment becomes ineffective. He has not to deliver it before receiving the maoney. The patron compensates the lesserr amount of the the value of slave and the debt if he emancipates the authorized slave who has debt. Whatever surpasses from the debt his value, it is to be demanded from him after he is freed. If he sells him while he he is drowned in debt and the buyer makes him disappear, the creditors have the choice of approving the sale and receiving the payment or getting the compensation of the value from any one they wish either from the patron or the buyer. If they get compensation from the patron, then it is returned to him because of adefect, he may return to them with his value. And the rights of the creditors get reestablished in the slave. If he sells and informs the buyer that he has debts, the creditors may reverse the sale back if his price did not reach them. But if it reaches and there is no sale with loss, then no. If the seller disappears, the buyer is not litigating against them, if he denies the debt. According to Abu Yusuf he is a litigant. And a decision is to be given on the dfebt for the creditors. Any one who says "I am the slave of such a person and buys and sells,his staus is like an authorized slave, except he is not to be sold for a debt as long as the patron does not acknowledge the authorization. Chapter on the Transaction of a Minor The transactions of a monor,if they are profitable and usefull, 392 / like Islam, accepting the donation or charity are effective without any permission. But if it is a loss, like divorce and manunumission, it is not valid, ene if it is with the permission. If the transaction may be profitable and loss together,like selling and buying, then that is valid with the permission,but not without it. If the father or grandfather, or executioner of the wills made by one of them or the judge permits a monor child to do business while they are absent, then his status is like an authorized slave provided the minor understands that selling is giving away the ownership and buying is getting the ownership. If the minor acknowledges that what he has in his hand as earning or as inheritance belongs to a third person, that is effective. An insane person (ma`tuh) is like a minor. A permission given by the executioner or judge to the slave of an orphan is valid. 47