What is the ruling if the contract stipulated payment conditional upon the cure (Bar’)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the contract stipulated payment contingent upon the cure, the arrangement is treated as a *Ja'ala* (a pledge or fee for achieving a specified result). Nothing is due until the cure is realized, regardless of whether the cure occurs soon or later. If the cure occurs without the physician's application, or if the application becomes impossible due to the patient's death or other impediments originating from the patient's side, the physician is entitled to the customary wage for the work performed, similar to a worker in a *Ja'ala* arrangement whose contract is subsequently terminated.
Supporting text
If the patient (the one offering the *Ja'ala*) prevents the application of the collyrium, the physician is entitled to nothing. If the physician (the worker) terminates the *Ja'ala* after performing some work, the patient owes the customary wage for the work done. If the physician terminates the arrangement, he is entitled to nothing because it remains governed by the rules of *Ja'ala*.