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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Unknown Fee and the Argument Based on the Verse of Carrying the Camel

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Question:
He says: Honorable Shaykh, may Allah grant you success. Some people say that an unknown fee is permissible based on the evidence of the verse, and for the one who brought it, since the load is not known precisely, it is permissible for the fee to be unknown. Is this correct?

Answer:
No, it is not correct. In exchanges, there must be clarity. However, they say that guaranteeing the unknown is permissible. They use this as evidence for guaranteeing the unknown. A distant load is permissible for you to guarantee, and you guarantee by saying, "Whatever rights are due to so-and-so are upon me, even if they were unknown at the time of the guarantee." This is evidence for the permissibility of guaranteeing the unknown. As for the fee, no, it must be known.
Source شرح زاد المستقنع [60] — alfawzan.live (1:11:18)

The Arabic text is a machine transcription of the audio recording.

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