Is a contract valid if the profit share is conditional on the occurrence of a loss?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 2 · Bab 1

Open in Qurani

Primary text

A contract stating, 'You shall have one-fifth if you incur a loss, and one-fourth if you incur no loss,' is invalid. Ahmad explicitly stated this invalidity, interpreting it as imposing two conditions within one condition (shartayn fi shart). This arrangement is akin to the preceding issue regarding conditional irrigation shares.

Supporting text

The ruling established for the conditional irrigation share applies analogously here.