The ruling of Abu Hanifa concerning a contract with differentiated compensation based on time.

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

Abu Hanifa states that if the worker stitches the garment today, they receive one dirham. If they stitch it tomorrow, the wage shall not exceed one dirham nor fall below half a dirham. This is because the worker was guaranteed half a dirham, which cannot be reduced, and they agreed to one dirham for the greater undertaking, which cannot be exceeded.

Supporting text

This position is invalid because if the contract is sound, the stipulated amount (*al-musamma*) applies. If the contract is void, its existence is equivalent to non-existence, and the customary wage (*ajr al-mithl*) becomes obligatory, as in all void contracts.