It was narrated that Muhammad said: "I do not know that Shuraih ever ruled on Mudarabah disputes except in two ways. He would say to the Mudarib (the one who contributed his labor to the partnership): 'You must provide proof that a calamity befell you so that you may be excused.' Or he would say to the one who invested his money in the partnership: 'You must provide proof that your trustee betrayed his trust, otherwise his oath sworn by Allah that he did not betray you is sufficient.'"

It was narrated that Sa'eed bin Al-Musayyab said: "There is nothing wrong with renting uncultivated land for gold and silver."

(The author) says: When a person gives some wealth to another person as a partnership (Mudarabah), and then wishes to write a contract for it, he should write it as follows: This is the document which so-and-so, son of so-and-so, has written of his own free will, in a state of good health, and at a time when affairs are proceeding normally, for so-and-so, son of so-and-so: You gave me, at the beginning of such-and-such month of such-and-such year, ten thousand pure and genuine dirhams as Mudarabah, each weighing seven (mithqal). On the condition that I will fear Allah Almighty both outwardly and inwardly, and will fulfill this trust, and on the condition that I will buy with it whatever I wish, and spend it wherever I deem appropriate, that is, I will invest it in various trades, and I will take from it and travel wherever and as much as I deem appropriate, and whatever I purchase, I will sell it for cash or on credit whenever I deem appropriate, and I will take the price of the goods in kind or in other goods of equivalent value. In all these matters, the condition is that I will act at my own discretion, and in all these affairs, I will appoint as my agent whomever I deem appropriate. And from the principal capital which you have given me, and whose specified amount is mentioned in this contract, whatever profit and increase Allah Almighty grants, it will be divided equally between you and me: half for you because of your principal capital, and half for me because of my effort and work. And any loss will be borne from the principal capital. So I have received these ten thousand pure and genuine dirhams from you at the beginning of such-and-such month of such-and-such year, and they are in my possession for you as a partnership and Mudarabah, with the conditions written in this contract, and so-and-so and so-and-so have approved them. And when the owner of the wealth wishes that no purchase or sale be done on credit, then it should be written as follows: And you have forbidden me from buying and selling on credit. 1__REF_N__

‘This is the contract’ in which the participation of so-and-so, so-and-so, and so-and-so is mentioned. It was written in a state of sound health and mind, and at a time when the transactions were valid. These three have entered into a partnership based on ‘inan’ and not on ‘mufawadah’ partnership, with thirty thousand dirhams, all of which are genuine and excellent, each dirham being equal to the weight of seven mithqals. Each person has ten thousand dirhams, and when all three are combined, the total is thirty thousand dirhams, of which these three are the owners. Each is a partner in one-third share, on the condition that all will work with the fear of Allah and with the intention of fulfilling this trust, and all together will buy whatever they wish from it, whatever they wish to buy in cash, and whatever they wish to buy on credit, and will conduct whatever type of trade they wish. And any one of these three, without the participation of the others, may buy whatever he wishes, in cash or on credit. In this entire amount, the three partners may transact together or each may transact alone; whatever transaction all do together will be binding and effective on all, on the doer and on his two companions, and whatever any one does alone will also be binding on him and his two companions. In short, every transaction, whether small or large, will be effective on all, whether done by one or by all. Then, whatever profit Allah grants will be divided among the three partners in three shares according to the original capital, and whatever loss (deficit) occurs will be borne equally by all, in accordance with one-third of the original capital. Three copies of this same text and wording of this document (agreement) were made, and each partner was given one copy so that he may keep it as a record. Upon this, so-and-so, so-and-so, and so-and-so, that is, all three partners, agreed.

Allah, the Exalted, has said: «يا أيها الذين آمنوا أوفوا بالعقود» "O you who believe! Fulfill your promises." (Al-Ma'idah: 1) This is the document (agreement) according to which so-and-so, so-and-so, so-and-so, and so-and-so have become partners in the principal capital (original investment) as a result of mutual negotiation, which was collected by all the people, consisting of goods of the same kind and the same currency. They combined it, and now it has come into the joint possession of all in such a way that no one's share can be distinguished, and now the wealth and share of all are equal, on the condition that they will all work together, both in this and in other matters, whether it be little or much, in all kinds of transactions and dealings, whether on credit or in cash, whether buying or selling, in all kinds of dealings that people conduct, whether together or separately. However, the transaction of each will be valid and binding upon his partners, and whatever right or debt becomes due upon any partner by virtue of this partnership, it will be binding upon every person whose name is written in this document (agreement). And whatever profit or saving Allah, the Exalted, grants, it will be distributed equally among all, and whatever loss (deficit) occurs, it will also be distributed equally among all. Each of these four persons has made the others among his companions, whose names are written in this agreement, his agent (representative), for the purpose of demanding rights, for litigation (filing a case in court), for collection, or to respond to any claim made by anyone, and has made him his executor in this partnership for the payment of his debts and fulfillment of his bequests after his death. Each of the four accepted the tasks assigned to him by the others. Upon all these matters, so-and-so, so-and-so, so-and-so, and so-and-so made a covenant and declaration.

It was narrated that 'Abdullah said: "I formed a partnership with 'Ammar and Sa'd on the day of Badr. Sa'd brought two prisoners but 'Ammar and I did not bring anything."

It was narrated from Az-Zuhri concerning two slaves who were partners, and one of them quit, that he said: "One of them may cover for the other if they were partners."

"This document (agreement) has been written by so-and-so, so-and-so, so-and-so, and so-and-so among themselves. Each one of them has acknowledged, for the sake of his other companions whose names are mentioned in this document, all its contents, in the state of validity and execution of the matters. Among us four, there was partnership and sharing in dealings, trades, buying and selling, all kinds of wealth, and all kinds of transactions. Similarly, among us, there were ongoing dealings of loans, exchange, trusts, drafts, mudarabah, lending, and borrowing, leasing, farming, and sharecropping. Now, all of us have, with mutual consent, terminated this. Whatever partnership and sharing in wealth and dealings that existed among us until now, we have all annulled, regardless of their type or nature. We have separately stated the limit and amount of each, and have ascertained what was true and correct, and each one has received or taken full possession of his due right. Now, none of us has any claim or demand against any companion whose names are in this document (agreement), or because of it, or in the name of another, against anyone else. Because each one has received his full right and taken it into his possession, this acknowledgment has been made by so-and-so, so-and-so, so-and-so, and so-and-so."

Allah Almighty has said: «ولا يحل لكم أن تأخذوا مما آتيتموهن شيئا إلا أن يخافا ألا يقيما حدود اللہ فإن خفتم ألا يقيما حدود اللہ فلا جناح عليهما فيما افتدت به» "It is not lawful for you to take back anything from what you have given to women, except when both fear that they will not be able to keep within the limits set by Allah. Then if you fear that they will not be able to keep within the limits set by Allah, there is no blame upon the woman if she gives something to release herself." (Al-Baqarah: 229)

This is the document (agreement) which the daughter of so-and-so, so-and-so, has written in a state of sound health and with full authority, for the son of so-and-so, so-and-so. I was your wife, you were with me, had relations with me, and consummated the marriage. Then your companionship became unpleasant to me and I preferred to separate from you. You did not harm me in any way nor did you withhold any of my due rights. I requested you, when I feared that we would not be able to properly uphold the limits set by Allah, to grant me khul‘ and give me an irrevocable divorce in exchange for the full dower that you owed me, which is such-and-such pure dinars of such-and-such weight, and in addition to the dower, such-and-such pure dinars of such-and-such weight. Then you fulfilled my request and gave me an irrevocable divorce in exchange for the full dower that was due to me and whose amount is written in this document, and in addition to those dinars whose number is recorded herein. Then I accepted this from you in your presence while you were addressing me and I was responding to you, before we finished this conversation, and I gave you all those dinars whose number is recorded in this document and for which you granted the khul‘, apart from the dower. Now I am separated from you and have become the owner of my own will, due to the khul‘ mentioned above. Now you have no authority over me, nor any right of claim or return. And I have taken from you all my rights that a woman like me has over a husband like you as long as I was in your wedlock, and I have received all the rights that a divorced woman like me is entitled to and which a husband like you is obliged to give. Now, if either of us presents any right, claim, or demand of any kind against the other, all such claims are false and the one against whom the claim is made is completely free of it. Each of us has accepted the other's acknowledgment and discharge (release) as mentioned in this document at the time of mutual questioning before we finished this conversation or left the gathering where this agreement is being written between us as husband and wife.

Allah, the Exalted, has said: «والذين يبتغون الكتاب مما ملكت أيمانكم فكاتبوهم إن علمتم فيهم خيرا‏‏» "And those of your slaves who seek a written contract (for freedom), give them such a contract if you find any good in them." (An-Nur: 33) 1. This is the document (agreement) which so-and-so, son of so-and-so, has written in a state of health and with full authority for his slave who is from Nobah (the name of a country), whose name is so-and-so, and who until today is in his ownership and under his authority: I have made a contract of manumission with you for three thousand good and genuine dirhams, each weighing seven mithqals, to be paid in installments over six consecutive years. The first installment will be paid upon sighting the moon in such-and-such month of such-and-such year. If you pay the specified amount in equal installments as stated in this document, you will be free, and you will receive all the rights that free people have, and all the obligations that are upon them will be upon you. If you violate this document in the slightest, this contract will be null and void, and you will return to a life of slavery. No new contract of manumission will be written regarding this matter. I have accepted your contract according to the conditions mentioned in this document before we finish our conversation or leave the gathering in which this document was written. The agreement was made by so-and-so and so-and-so.