Validity of a contract specifying different wages based on the completion time of the same work.
General Chapter
Al-Mughni
Book of Leasing
Primary text
There are two established narrations from Ahmad regarding a contract where the employer states: 'If you stitch this garment today, you will receive one dirham, and if you stitch it tomorrow, you will receive half a dirham.' The first opinion declares the contract invalid, awarding the worker the customary wage (*ajr al-mithl*). This view is attributed to Abu al-Harith and aligns with the doctrines of Malik, al-Thawri, al-Shafi'i, Ishaq, and Abu Thawr. The basis for this invalidity is that it constitutes a single contract where the consideration (*'iwad*) varies based on the timing of performance (early or delayed), making it invalid, similar to a sale where the price differs for immediate payment versus deferred payment.
Supporting text
The second narration affirms the validity of the contract, a position held by al-Harith al-'Ukkali, Abu Yusuf, and Muhammad. This is justified because a specific, known compensation was named for each defined action (stitching today vs. stitching tomorrow), rendering it sound, analogous to stipulating one date for every bucket drawn.