When can a contract stipulate both a duration and the completion of a specific work?
General Chapter
Al-Mughni
Book of Leasing
Primary text
Stipulating both time duration and the completion of work is impermissible when the subject of the contract has work associated with it, like an animal whose benefits are measured by its labor, or when the subject is something without work, like a house or land, which must be contracted for a fixed duration. Abu Hanifa and Al-Shafi'i hold this view. This is because combining both elements introduces undue uncertainty (gharar). This uncertainty arises because the work might be finished before the period expires, meaning either the contractor overworks beyond the contract terms or abandons work during the remaining time. Furthermore, the work might not be finished within the stipulated time, forcing either the contractor to work beyond the term or the client to accept incomplete fulfillment of the contract.
Supporting text
A narration attributed to Ahmad suggests the permissibility of stipulating both, citing a case where a beast of burden was hired to reach a destination within three days, which took six days. Ahmad suggested reconciliation rather than a claim for value. This is supported by Abu Yusuf and Muhammad bin Al-Hasan, who argue that the contract is fundamentally based on the work, and the time is mentioned merely for promptness.