Is the guarantee of a stipulated payment (*Ja'al*) in a commission agreement (*Ja'alah*) or competition valid?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The guarantee of a stipulated payment in a commission agreement or competition is valid. This is supported by the saying of God Almighty in the Quran: "And for him who produces it [a camel-load of goods] is a reward, and I am the guarantor thereof" (Quran 12:72). Furthermore, the obligation materializes once the specified work is performed, and the guarantee pertains to the financial compensation, which becomes obligatory upon the completion of the work, not the work itself.
Supporting text
The school of Al-Shafi'i, in one narration, holds that it is not valid because it does not necessarily lead to an obligation, similar to the invalidity of guaranteeing the contract of writing (*Kitabah*).