Is the physician entitled to the agreed-upon wage if the patient's eye ailment is not cured during the agreed-upon period of treatment?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The physician is entitled to the agreed-upon wage if the patient's eye ailment is not cured during the contracted period. This position is held by the majority of scholars. The entitlement arises because the tenant (patient) has fulfilled the labor contracted for, even if the ultimate purpose (cure) was not achieved. This is analogous to a worker hired for a specific duration to build a wall or sew a garment, where the wage is due upon completion of the time, regardless of the final outcome if the work itself was performed.

Supporting text

Imam Malik is reported to hold that the physician is not entitled to a wage until the eye is cured. However, this view is not narrated by his recognized students and is considered unsound.