Is it permissible to stipulate the use of a captured war animal as wages in a contract of hire?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the condition in the contract of hire is the right to ride an animal designated as spoils (Ghanimah), this is permissible, as it is equivalent to offering payment from the spoils. If the specific animal from the spoils is stipulated, the contract is valid. However, if the service or the exact animal is unspecified (majhul), the contract is invalid because certainty regarding the compensation is a condition for a valid contract.
Supporting text
If the condition stipulated in the contract is the right to ride a reserved war horse (faras habees), the contract is not permissible because such horses are exclusively reserved for Jihad, and this intended use is a private benefit for the people of the spoils, not Jihad.