Is a hiring contract valid if the price is set per unit measure (qafiz) of the load?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

The contract is valid if the price is set per unit measure, such as hiring transport for every qafiz at one dirham. This view is held by Al-Shafi'i.

Supporting text

Abu Hanifa holds that it is valid for the known unit measure (the qafiz) but void for the excess amount. This difference hinges upon the disagreement regarding the validity of selling the load by measure.