Is it permissible to take collateral for the compensation in a guarantee contract (*Ja'alah*) before the work is performed?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
It is not permissible to take collateral for the compensation in a *Ja'alah* before the required work is completed because the compensation is not yet established as due, and its obligation is uncertain. The ruling is based on analogy with the *diyah* before the year has passed, as the obligation is only probable.
Supporting text
The view of Al-Qadi is that taking collateral might be permissible because the compensation will eventually become an established and binding obligation, making it analogous to sale prices.