What compensation is due if a lease contract for an unknown duration or work is executed?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If such an action is performed, the worker is entitled to the customary wage (Ujrat al-Mithl). This is because the contract is void due to the failure to stipulate the consideration, thus necessitating the customary compensation, as in all invalid lease contracts.
Supporting text
If a horse is hired for the duration of a military campaign at a rate of one dirham per day, the explicit position from Ahmad permits its validity. Al-Shafi'i deems this invalid because the lease duration is unknown. The supporting evidence is that Ali (may Allah be pleased with him) hired himself out for one date per bucket drawn, and the Ansari did the same, and the Prophet (peace be upon him) did not disapprove. Moreover, each day is known in its duration and payment, making it valid, similar to stating, 'I lease it to you for a month, one dirham per day,' or 'I hire you to transport this pile, one dirham per measure.'