What is the ruling if the duration expires before the stipulated work is completed?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the duration passes before the work is completed, the hirer (musta'jir) has the right to dissolve the contract because the employee failed to fulfill his condition. However, if the hirer agrees to continue the contract, the employee does not have the right to dissolve it, as the breach of condition originated from the employee's failure, which cannot serve as grounds for his own rescission, analogous to the financier not having the right to dissolve a Salam contract when the specified good is delayed, while the purchaser does.
Supporting text
If the hirer chooses to proceed with the contract despite the delay, he can only demand the completion of the work, similar to a lender who patiently waits for the delayed Salam good, receiving only the good itself. If the contract is dissolved before any work is done, both the specified wage (al-musamma) and the work obligation fall away. If dissolution occurs after some work has commenced, the wage due is equivalent to the customary rate (ajr al-mithl), as the original contract is voided, causing the specified wage to lapse in favor of the customary one.