What is the ruling when hiring transport for a price per unit of the load, with the remainder calculated proportionally, but the intent is only for any amount taken from the remainder?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the contract states a price per unit for a portion, with the remainder calculated proportionally, intending this for whatever quantity is transported from the rest of the load, the contract is invalid. This is because the subject of the contract is a portion, which is unknown.
Supporting text
There is a possibility that it could be valid, as it is analogous to hiring transport for a measure of dates, where the whole is implied.