Is a contract valid when the compensation amount depends on the manner of execution regarding tailoring?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The contract is invalid because it is an exchange contract (*aqd mu'awada*) where neither the consideration (*'iwad*) nor the thing being exchanged (*mu'awwad*) is definitively specified. This is analogous to a scenario where one states, 'I sold this to you for one dirham, or this for two dirhams.' The Hanafi school, specifically Abu Hanifa, agrees with his companions regarding the invalidity here, contrary to the preceding ruling. The proof lies in the invalidity of indeterminate compensation in an exchange contract.
Supporting text
The ruling differs from the case of 'every bucket for one date' because in the tailoring scenario, the second action (the manner of execution) is contingent upon the first, and each has a stipulated compensation, making it similar to selling a measure of grain where each portion has a set price. Furthermore, the statement conditions the lease/wage upon a stipulation: 'If you tailor it thus, you receive this amount, and if you tailor it thus, you receive that amount,' which distinguishes it from 'every bucket for one date.'