English translation
3968. It was narrated that Sa'eed bin Al-Musayyab said: "There is nothing wrong with renting uncultivated land for gold and silver." (Da'if) He (An-Nasâ'î) said: "If a man gives money to another in a Mudârabah partnership, and he wants to write a contract concerning that, he should write: 'This is contract written by so and so the son of so and so, with no compulsion, while he is still in good health and in full control of his wealth; (addressed to) so-and-so the son of so and so, stating that you have given to me, at the beginning of such-and-such month, in such and such year, ten thousand Dirhams, non-counterfeit, and weighing seven Qirâḍ as an investment in a Muḍârabah partnership, on the basis of fear of Allâh in secret and in public, and on the basis of honesty. I will buy with it whatever I want and as I see fit to buy, and I will dispose of it and whatever I want of it as I see fit in all kinds of trade. I will dispose of whatever I want to whenever I want to and I will sell whatever I see fit of the goods I have bought for cash or on credit. I will do all of that at my discretion and will delegate that to whomever I see fit. All bounty and profits that Allâh bestows on that after the capital that you have paid – as described – to me, the amount of which is stated in this contract, will be shared half and half between you and I. You will have half in return for your capital and I will have half in return for my work. Any losses incurred will be borne by the capital. I have taken this ten thousand, non-counterfeit, from you at the beginning of such and such month in the year such and such, and it is a Muḍârabah investment, based on the conditions stipulated in this contract. Signed by so and so, and so and so.' If he wanted to give him free rein to buy and sell on credit, he would have written that, but you told me not to buy and sell on credit."