Is it permissible for the Mudarib to gift the Rab-ul-Mal from his personal wealth or from the Mudaraba wealth?
Profit from (commenda) capital is determined by the agreement between the agent (mudarib) and the capital provider (rabb al-mal). It is permissible for the mudarib to gift the rabb al-mal from the money he has earned, because the money has become the property of the mudarib, and gifting is permissible. However, it is not valid for the capital provider to stipulate a specific amount of money exceeding his agreed-upon share from the partnership, as this condition invalidates the contract. This is due to the possibility that the profit might not exceed this increase, in which case the capital provider would take all the profit, and this involves harm and uncertainty (). As for giving the rabb al-mal from the mudarabah money after division, there is no objection to it. If it is before division, with the mudarib's consent, and without a prior stipulation, then there is no harm in it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 31683
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy