អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(And he sells (2)[(3)] even if the owner of the money is not spoiled by it): that is, the speculation is not spoiled by the owner of the money taking away [(4)] - may God be pleased with him -, (and he deposits[(1)], and mortgages, and mortgages, and rents, and rents[(2)], and deceives with the price[(3)] on the left and the left-handed): that is, he accepts the transfer[(4)].

(And he is not allowed to speculate[(5)] except with the permission of the owner, or to act according to your opinion.) The criterion is that the thing does not include something like it, but rather it includes something less than it, such as a deposit, and the like, (nor to lend[(1)] or borrow, even if he is told that): that is, act according to your opinion, (unless (1) stipulates about them (2)): that is, borrowing [and lending](3), but it is valid to speculate[(4)] by acting according to your opinion without lending; Because speculation is the work of merchants (5), and it brings (6) profit, unlike lending, since there is no interest in it.

(If he bought with money [(1)] and made money (2) [(3)] and shortened (4) [(5)], or was charged with his money, and it was said to him: that is, act according to your opinion, (then he has voluntary); Because he does not have debt.

(And if he dyes it [(1)] red (2) then he (3) is a partner with what is increased, [and it is included under “work according to your opinion” as the mixture (4) [(5)]): That is, if he says: “Work according to your opinion” and dyes it red, then he is a partner with what is increased](6), and the dye is included under “work according to your opinion,” and the same applies to the mixture with his money, unlike the plaster; Because nothing of his money is mixed with it, but he said(7)[(8)]: So he dyed it red, even if he dyed it black, it does not fall under Abu Hanifa’s opinion - may God be pleased with him -; Because black is a deficiency according to him, and as for all colors other than black, they are red (1), (so he is not liable[(2)] [the speculator] (3)): that is, by dyeing it red, and by mixing (4) with his money if he said: Act according to your opinion, (and he [(5)] has a share of its dye if it is sold, and a share of the garment in the speculation): that is, in the speculation money.

(Nor for him to exceed[(1)] a country, commodity, time, or person designated by the owner of the money, and if he exceeds[(1)] for him, he is responsible for his profit(1), nor for him to marry[(2)] a slave or a female slave from her money: i.e. from (3) speculation money, (nor for him to buy[(4)] someone who is freed from the owner of the money), whether he is his relative, or the owner of the money said: If you buy so-and-so, he is free, (so if he buys[(1)) It was for him, not for her: that is, it was for the speculator, not for speculation.

(And there is no one to emancipate him [(2)] if he made a profit, even if he did [(1)] within (2), and if he did not [(3)] make a profit then it is valid, and if his value [(4)] increases, he emancipates his share, and does not guarantee anything); Because he has nothing to do with increasing the value, (and the slave’s effort [(5)] is in the value of his share of it): that is, in the value of the share of the owner of the money in the slave.

(A speculator by half[(1)] bought a female slave for its thousand, and she gave birth to [a son](1) equal to a thousand, so he claimed him and its value became a thousand and a half. He sought the owner of the money for a thousand and a quarter, or he emancipated him, and the owner of the money after receiving[(2)] his thousand included the claimant with half of its value. The reason for this is: The claim[(3)] is valid on the surface (1) for a pregnancy on the marriage bed but it was not implemented due to lack of ownership; Because if the speculation money becomes tangible(2)[(3)] each one is equal to the capital, the profit does not appear[(1)], but rather each one is fit to be the capital; Because it is possible that everything else may perish, and only one remains, so no one has the upper hand because it is capital (2) or profit.

Then, if the value increases [(3)] after the invitation until the value of the child becomes one thousand five hundred, the profit appears, and the previous invitation is implemented, and (4) the lineage is proven, and the child is emancipated due to the establishment of his ownership in some, and he does not guarantee [(5)] anything to the owner of the money; Because his emancipation is by invitation and ownership (1), and ownership is delayed, so [(2)] is added to it, [and there is no action] (3) for him in it; Because it is a guarantee of emancipation, he must make it (4). He has the right to claim the capital and half of the profit or emancipation according to Abu Hanifa - may God be pleased with him - and if he receives the thousand, he has the right to guarantee the speculator who claimed the child half of the value of the mother; Because the thousand taken became capital; Because he offered it in full, the slave girl gained all of it[(5)] but the previous invitation was carried out, and she became the mother of [his] child(6), so he guarantees half of her value[(7)]; Because it is a guarantee of ownership, it is not required to be made [(8)].

Chapter (1) [The Speculator Who Speculates][(2)](3) (The speculator[(1)] is not liable by paying a speculation (2) without permission[(3)] until the second acts according to the apparent meaning of the narration (4), which is what they both say, and until he makes a profit according to the narration of Al-Hasan - may God be pleased with him - on the authority of Abu Hanifa - may God be pleased with him -), the first aspect [(5)]: The payment [before work] (6) is a deposit, and he owns it, so if he works it becomes clear that it is Mudaraba, so he guarantees[(7)], the second aspect[(1)]: Payment before work is a deposit, and after it is merchandise(1), and he owns them, so if he wins, the partnership is confirmed, then he guarantees, as if he was mixed with something else, and when Zafar - may God be pleased with him -: he guarantees simply by paying[(2)].

(If [(3)] gave permission to pay and paid a third, and it was said to him: What God Almighty has provided for us is two halves, then half of his profit goes to the owner, a sixth of it to the first, and a third to the second, and if it is said to him[(4)]: What God Almighty has provided to you, then for every third (5)); Because the owner [(6)] has authorized the payment as a mudarabah, so the second speculator gets what the first speculator stipulated for him, so what God provided to the first speculator, which is two-thirds, is divided into two halves between him and the owner of the money. (And if it is said[(1)]: What I won [it is between us in two halves](2), and he pays in half, then the second gets half, and they get half); Because the profit[(3)] of the first speculator is half, and it is shared between him and the owner of the money.

(And if it is said: What God Almighty has provided[(1)] let me have half, or what he has left over, then two halves, and he paid half, so half (1) is for the owner, and half (2) is for the second, and nothing for the first. And if [the first][(3)](4) stipulates that two-thirds of it is for the second (5), then the owner and the second have their stipulation, and the first is to pay a sixth (6)); Because the owner [(7)] gets half, and the second speculator gets two-thirds, so the first speculator guarantees one-sixth.

(His condition [(8)] is valid: the owner gets one-third, and his servant[(1)] one-third to work with him[(2)])(3): that is, with the speculator, (and one-third for himself.

[Chapter on removal and division] It is invalidated[(1)] by the death of one of them[(2)], and the owner[(3)] joins [the house of war](4) as an apostate[(5)]), unlike the speculator’s joining[(6)] to the house of war as an apostate, where the speculation is not invalidated; Because his statement is correct.

(And he does not withdraw [(1)] until he learns of his dismissal): That is, if the speculator is dismissed, he will not isolate himself until he learns of his dismissal. (If he knew[(2)] then he may sell his offer, then he does not dispose of its price[(3)], nor in cash[(4)] of the same type as his capital(5): Nad: with the dictionary opposite: that is, it becomes cash[(6)], (and he replaces its disagreement with it (1) with approval): i.e. It is exchanged for cash[(2)] in exchange, but it is different from the type of capital in that the capital is dirhams, and the cash is dinars, or vice versa, and in analogy: it is not exchanged for the existence of isolation, and there is no necessity[(3)] Unlike offers, the reason for approval[(4)]: that the profit does not appear except when the type is united, so necessity is achieved.

(And if they separate [(1)] and there is a debt on the money, he is obligated to [pay off his debt] (2) if he makes a profit, otherwise not (3)); Because if there is a profit, then he works for the wage(4)[(5)], and if there is no profit, then he is a donor in the work[(6)], (and the owner assigns it to him): That is, if there is no profit, then the speculator, after parting, appoints the owner as required, for the buyer[(7)] does not pay the price to the owner of the money; Because the rights are due to the agent, it is necessary for the speculator to appoint the owner (as well as the other agents[(1)]): that is, if the other agents refuse to do so, they appoint the owner.

(The seller and the broker are forced to do so[(2)]). What is meant by [(3)] by the seller is the auctioneer, for he works for a fee, and the broker: is the one who brings wheat and the like to sell it. He also works for a fee, so they are forced to receive the price(1).

(Whatever is lost [(2)] should be spent on (3) the profit first, and if it exceeds the profit, the speculator will not guarantee it (4) [(5)]); Because he is trustworthy, (if he divided[(6)] the profit, and her contract was annulled, then she made (1) [a contract](2) and the money was destroyed [all](3), or some of it, they did not (4) intend the profit): that is, the contract was annulled and the money was in the hands of the speculator, then a contract, and the money was destroyed (and if he did not annull[(5)], then it was destroyed in a trade, and the owner took his money and what was left over was divided, and what was short was not guaranteed by the speculator.

[A chapter on what the speculator does] and the expenses of a speculator[(1)] who worked in Egypt[(2)] in his money[(1)] like his medicine[(2)](3)). The speculator’s expenses: a beginner, and in his money: his experience, and if the speculator falls ill, whether he is in Egypt or traveling, then [(4) the medicine is in his money[(5)], and on the authority of Abu Hanifa - may God be pleased with him - the medicine is in the same position as the expense[(6)].

(And in his travel[(1)] his food, his drink, his clothing, his servant’s wages[(2)], his washing of his clothes[(3)], and his oiling in a place where he needs it: such as Hijaz(4)[(5)], (and his riding(6) rent and purchase, and his fodder in her money[(7)] with what is reasonable, and he guarantees the credit): that is, if he spends in excess of what is reasonable, he is guaranteed (1) the credit, (he returns what remains[(2)] in his hand after he arrives in Egypt. To her money: that is, what remains of the food and the like.

(And without travel[(3)](4) he goes to bed in the morning, and does not spend the night with his family like traveling, and if he spends the night like the market of his Egypt(5), then if he makes a profit, the owner of the money takes what the [speculator](6) spent from his capital(7)): that is, he takes[(8)] from the profit what the speculator spent from the capital, until the capital is completed, and if there is anything left over, it is divided[(9)]. (Then the winner of her goods shall count (1) his expenses, not his own expenses): That is, if he wins[(2)], and says: Ali did such and such, then what he spent on the goods, such as renting his load and the like, will be calculated, and the speculator’s expenses will not be counted.