Is it permissible to hire someone to build a wall when the bricks (*ajur*) are provided by the employer?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 4 · Bab 1

Open in Qurani

Primary text

The school of Malik permits hiring a builder to construct a wall if the bricks are supplied by the employer, provided the supplied material is permissible and customary for completing the specific craft contracted for, similar to supplying dye for a dyer.

Supporting text

The opposing view holds that the *Ijarah* contract is specifically for the usufruct (benefit/service); conditioning it to include the sale of an object (*'ayn*) turns it into two sales within one contract. This is distinguished from dye, where necessity (difficulty in procuring the specific dye) permits the deviation.