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Text and translation
English translation
3967. It was narrated that Muḥammad said: "I do not know that Shuraih ever ruled on
Mudârabah disputes except in two ways. He would say to the Mudârib (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 Allâh that he did not betray you is sufficient.'" (Ṣaḥīḥ)
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Commentary
When a person gives a sum of money to another to do business on condition that the gain should be between them two; this is called Mudâraba. The giver of the sum of money is the owner of the property, and the taker is called the Mudârib or the one who is employed by another in trade for him with his (the latter's) property. Now, if the Mudârib informs the owner of the property that the complete principal wealth or a part of it is stolen or lost, what verdict would be given? The following narrations discuss that.
