Is it permissible to rent a shepherd for sheep in exchange for a fraction of their offspring, wool, or hair?
General Chapter
Al-Mughni
Book of Leasing
Primary text
It is not permissible to rent a shepherd for sheep in exchange for a third, half, or all of their offspring, wool, or hair. Ahmad explicitly stated this in the narration of Ja'far ibn Muhammad an-Nasa'i. The reasoning is that the wage (*'iwad*) is indeterminate (not specified or known) and is not suitable as consideration in a sale. This applies similarly to the case where a cow is given to someone to feed and guard, with the resulting offspring to be shared between them.
Supporting text
Ismail ibn Sa'id reported that Ahmad disliked the arrangement where a cow is given to another to feed and guard, with the resulting offspring shared between the parties. Abu Ayyub and Abu Khaythama also held this view, and no contrary opinion is known regarding the cow and its offspring. The reason for this prohibition is that the consideration is unknown, non-existent, and its actual existence is uncertain; the default assumption is non-existence, rendering it an invalid price.