What are the requirements for specifying the quantity in a grazing contract?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the contract specifies a fixed number of animals, such as one hundred, the shepherd is not obligated to graze any surplus, whether from the original herd or otherwise. This is the apparent position of the Shafi'i madhhab.
Supporting text
Al-Qadi held that an unquantified contract is valid and should be interpreted according to established custom (like one hundred head of sheep). This view is also held by some Shafi'i scholars. However, the first position is sounder because customs regarding grazing quantity vary significantly, and the required effort of the shepherd differs based on that quantity.