What is the ruling if working the mine is permitted on the condition of paying the owner a known sum?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the owner states, 'Work in it, and you may have what is extracted, provided you give me one thousand or a known amount of copper,' the agreement is invalid. This is deemed a sale of the unknown (*bay' li-majhul*). It is also invalid as a form of joint venture (*mu'amalah*) like Mudarabah for the aforementioned reasons, and because Mudarabah requires a share of the growth, not a specified amount of currency.