Is the agreed-upon wage due if an employee offers the specified service but the employer does not utilize it?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The wage is not established if the employee offers their person for a described service in liability, such as sewing, building, or tooth extraction, but the employer fails to engage them. This is because the contract is for a benefit without a specific quantification, and the wage does not become due merely by the offer, analogous to how the dowry does not become established by the woman offering herself. This situation differs from retaining an animal for the duration of the lease, because the benefits of the animal are consumed under the custodian's possession, unlike this case.