It requires
that the pro
fit be determinate.
would in fuch cafe be lawful, becaufe it is not referred to the goods or
effects, but to the price of thefe, and this is a thing refpeiting which
a contrail of Mozdribat is valid.-^In regard to his referring the contrail
to a price at a future period, it is lawful to do fo in contrails of.
.Mozaribat-, becaufe fuch contrails are either in the nature of a com-
miffion o f agency., or of hire ; and neither of thefe is preventive of the
validity of a reference to a future period.— In the fame manner, alfo,
.if.the.proprietor fhould fay., “ receive the debt due to me by a parti-
“ cular perfon, and ail as manager with regard to i t ; ” the. contrail
of Mozaribat is then lawful, becaufe, by being referred to the period
o f feizin, it relates to fubjiance and not to debt, and it is lawful
to refer it to a future period, for the reafon above mentioned.— It is
..other.wife, however.,, where the proprietor of the flock fays, “ ait as
“ a Mozdrib with refpeil to the debt due by you for this is not lawful
either according to .1.lane f a or the two difciples:— according to
the former, becaufe he holds an appointment of agency of this nature
to be unlawful, (as has been before explained in treating of agency
and fated) and alfo according to the two difciples, -becaufe, although
fuch an appointment of agency (as they hold) be lawful, yet as a
thing purchafed by a perfon fo inftrudled is the property of the in-
firublor, it follows that the contrail of Mozdribat relates to goods and
effects * , and is accordingly unlawful.
I t is one of the conditions of a contrail of Mozdribat, that the
profit of the proprietor and the manager be indeterminate; that is to
fay, that neither of them be entitled to a fpecifie number of dirms:
for if the condition, of a fpecifie number of dirms be ftipulated
with refpeil to one or other of the parties, the partnerlhip between ,
them with refpeil to the profit ceafes to exift, fince it is poflible
that the whole profit might not exceed the number fixed, and it is ef-
fential that they be partners in the profit. If, therefore, ten dirms
* Arab. Rakht woo Mattaa, as diftinguifhed from Mid. See V o l. I . p. 28.
6 (for
(for inflance) be fixed as the portion of one of the.parties, .the manager
is-entitled tQ an jjjj-g adeqUate to his labour, becaufe the contrail
of Mozdribat has become invalid, fmee it is poffible that the whole
profit acquired may not exceed the amount fixed, in which cafe there
could be no copartnerfhip with rpfpeil to it.— The manager is, in. this
cafe, entitled to an adequate hire, becaufe his objeil in his labour was
to receive a return, and he is prevented from receiving fuch return .by
the invalidity of the contrail: it is therefore indifpenfable that he be paid
an. adequate hire.— In regard.to the profit which in fuch cafe may be
acquired, it goes- to the proprietor, being confidered as the offspring,
of his property.— This is the law in every cafe of an invalid contrail
of Mozdribat.— It is to be obferved that an adequate hire, in the cafe o f
an invalid contrail of Mozdribat, cannot, in the opinion OfyfZoo Toofaf,■
exceed the qhantity ftipulated. According to Mohammed, on the-
contrary, whatever may be adequate, without any regard to the. quantity
ftipulated, ,muft be given; as has been already explained in treat-,
ing .of partuerfhip.— In a cafe where the contrail proves., invalid, an.
adequate hire is. declared,, in the Rawdyet AJJil*., to be due, although
no profit fhould have been acquired, becaufe the hire of a hireling is
due upon, the delivery either of profit or .of labour, and the delivery of
one or both of thefe here takes, place.— It is recorded from Aboo Toofaf
that nothing in fuch cafe is due, becaufe of its analogous refemblance
to a valid Contrail of M ozdriba t—that is to fay, as in a valid contrail
of Mozdribat nothing is due to the manager in the event of them being
no profit, fo ,.if the contrail be invalid,, notbingfis due to him a fo r tiori.—
It-is further to be.obferved that the flock of an invalid contrail
of Mozdribat is not to be replaced or accounted for in cafe of its lofs or
deflruilion;— that is to fay, indemnification is .not incumbent upon
the manager;— becaufe, as there is- no refponfibility for a lofs of flock
in a valid contrail, fo neither is there any in an invalid contrail; and
alfo, becaufe, as the manager in the cafe of ah invalid contrail is only
* T h e original traditions, A law-book fo called,
a hireling,
\