Muwatta 2021

Malik says of a man who gives another money for profit-sharing and stipulates guarantee on the one who takes it: it is not lawful for the owner of the money to stipulate on his money anything other than what profit-sharing is based on, and what has passed as the practice of Muslims in it. If the money grows on the condition of guarantee, he has gained more profit in his favour because of the guarantee. The profit is divided only as it would have been if he had given it to him without guarantee. If the money is lost, I do not hold the one who took it liable, because a guarantee stipulation in profit-sharing is void. ¹

Belongs to the Muwatta, Book of Profit-Sharing (qiradh). Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on profit-sharing (qiradh).