Partnership in a mudaraba involving livestock

Question

(1) In a mudaraba contract (a partnership in which one party provides the capital and the other the work), the one providing the money gives it on the condition: “Trade in livestock; buying and grazing them is your responsibility.” Is it valid to place the grazing of the animals on him or not? An answer with proofs and references is requested. (2) In a mudaraba, the one providing the money says to two persons: “One of you shall buy the goods and the other shall graze them” — with specification, i.e.

Answer

(1) If what is meant is: “Buy animals and trade in them, and until they are sold, whenever the need to graze them arises, graze them yourself,” then this condition accords with what the contract requires and is valid.

Source: Fatawa Mahmudiyya

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