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Is the loss binding on the one with whom the calf is deposited, or not, in the event that the cause of the calf's تلف (damage/spoilage) was his failure to respond to the request for sale?

1 min readAlso available in العربية

Mudarabah is permissible. The agent (Mudarib) does not bear the loss of the capital unless it is due to negligence. If the calf dies due to the Mudarib's negligence, he is liable; otherwise, he is not. If the capital owner asks the agent to sell the commodity to terminate the Mudarabah, and the agent refuses, then the ruler may intervene and consider the benefit of the sale. The Mudarib is not permitted to guarantee the price of the calf if there was no negligence on his part, because his word is accepted regarding profit and loss, as well as regarding claims of damage to the capital or loss thereof. However, if the questioner appointed another person to pay the money and buy the calf, and then ordered him to sell it, but he disobeyed the order until the calf perished, then the agent guarantees the value of the calf if he violated his principal's explicit order.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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