eßential o f
the contrail.
Contrails o f
Mozaribat
are lawful.
M O Z A R I B A T . Book XXVII.
participation in the profit; for if the whole of the profit be ftipulated to
the proprietor o f the flock, then it is confidered as a Bazdt; or, if the
whole be flipulated to the immediate manager, it be confidered as a
loan.
Chap. I. Introductory.
Chap. II. O f a Manager entering into a Contract of Mozaribat
with another.
Chap. III. O f the Difmiffioh of a Manager; and of the Divifion
of the Property.
Chap. IV . O f fuch ACts.as may be lawfully performed by a
Manager.
Chap. V . O f Difputes between the Proprietor of the Stock and
the Manager.
C H A P . I.
C o n t r a c t s of Mozaribat are authorized by the l a w from neceffity;
fince many people have property who are unlkilled in the art of employing
it; and others, again, poffefs that Ikill without having the
property:— hence there is a neceffity for authorizing thefe contrafts,
in order that the interefls of the rich and poor, and of the Ikilful and
unlkilful, may be reconciled:— moreover, people entered into fuch
contracts m the prefence of the prophet, who did not prohibit, but
confirmed the fame: feveral of the companions,, alfo, entered into
thefe contracts.
W h a t e v e r may be given by the proprietor of the flock to the
manager is confidered as a trufl, hecaufe the manager takes pofleffion
of the fame at the defire o f the proprietor, and neither with a view to
purchafe nor to pawn.— The manager is alfo an agent on the part of
the proprietor in regard to the employment of the flock, as he ads in
that refpedt by the orders of the proprietor. Whenever, therefore,
any profit is acquired, the proprietor and the manager are joint fharers
in it, inafmuch as it proceeds jointly from the flock of the one, and
the labour of the other.
W h e n a contrafl of MoZ&ribat is invalid, it is, in efffe£t;‘ :an invalid
hire % becaufe, as the manager adis for .the proprietor, with regard
to his flock, the profit which is flipulated to him is fimilar to hireiot
his labour. The contract of Mozaribat, therefore, where it is invalid,
bears the conflruction of an invalid h ire; and fuch being the cafe, the
manager is entitled only to a hire adequate to his labour *.
If the manager fhould oppofe the proprietor, he is then held to be
an ufurper, fince he wilfully tranfgreffea with refpeft to the property
of another.
C o n t r a c t s of Mozaribat are valid only with refpedt to flock in
which contracts of copartnerfhip are valid; namely, dirms and deenars,
(according to Haneefaf) and alfo current Faloos, (according to the
two difciples,) as has been already treated of at large, under the
head of Partnerjhip.— Hence i f a proprietor of flock fhould give goods
or effects to another, and defire him “ to fell them, and then to act
“ as a Mozarib with regard to the price the contract of Mozaribat
T o underftand this it may b e proper to remark, that where a contradt o f hire is
rendered invalid by the invalidity o f any o f its conditions, the perfon hired is entitled only
to a hire proportionable to the fubjedt, and not to the hire ftipulated in the contract.
t That is, u to employ them in .trade, in the manner of Mozaribat.”
The flock i*
a trufi in the
manager’s
hands.
I f the contrail
be o f an
invalid nature,
the manager,
in lieu
o f profit, receives
an adequate
hire.
A manager,
oppofing the
proprietor,
Hands as an
ufurper.
A Mozaribat
holds only-in
fuch flock as
admits o f
partnerlhip