Is it permissible to stipulate that the physician must provide the medicine?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

It is not permissible to stipulate that the physician must provide the medicine (al-dawaa'). This ruling adheres to the general legal principle.

Supporting text

The stipulation of medicine supply was permitted for the oculist only due to necessity and established custom, which circumstances are not present in the case of a general physician, thus the general principle applies.