regarding the work of some contractors and their estimates in digging?
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The questioner : Shaykh, also regarding what we mentioned... the excavations... it also involves a type of gambling, as if we said a quantity of... a pile that is not bounded, approximately, a pile that is not bounded, we said to one: come, this contractor will remove it; is this permissible?
The Shaykh : If this has examples in the Shari'ah, and if its nature is specified, then this estimation and appraisal is what is called al-kharas; so this is permissible, meaning - for example - now when the trees are bearing fruit, the one who wants to guarantee it comes and estimates this fruit by appraisal, and on this basis they agree, saying he is the owner of the fruit, but the thing is specified and clear; unlike when it is not apparent, like - for example - the wool on the sheep, this cannot be estimated, and like the known fish in the water, for example; so this is from the sale of gharar, so the issues differ, meaning one case from another; so if the pile is an ordinary pile of dirt; a car - for example - dumps the pile, you bring the worker and tell him: for five dinars, for two dinars, depending on its amount, but if I dig in the unknown land, is it rocky, calcareous, earthen, etc., the issue of gharar comes up, which we call from the category of gambling.
The questioner : ... that we have piles of dirt, he said, the man's halal; meaning, give me in cash, give me them.
The Shaykh : This is correct, this is what we spoke of... .
The questioner : I told them: I swear by Allah, this matter is what we discussed... that this is the most correct; either by the load or by... .
The Shaykh: Perfect.
The questioner : But when it is... how much do you want for it? It is permissible for a person to calculate, he may lose or he may profit.
The Shaykh : There is risk in it.
The questioner : There is risk in it, the man is afraid, he himself is afraid; because it is a mountain of a pile.
The Shaykh : Meaning it is difficult to estimate.
The questioner : It is difficult to estimate, they told him... its estimate... .
The Shaykh : Here, it must be by the day or by the car.
The questioner : They told him: approximately, the estimate of the meter of digging, meaning how much will he throw per meter... and it will come out to him so many thousands, he said: still, I mean it is difficult... so give me by the load or... .
The Shaykh : No, digging is also more difficult and more problematic.
The questioner : Digging is more difficult.
The Shaykh: Yes.
The questioner : We said: the load... he also said: for the sake of halal and haram, meaning... he said: meaning, give me by the load, not by the day, the day would be that I am weak, or I go at my own pace.
The Shaykh : Reasonable.
The questioner : Or I lean... so you hold me accountable, but by the load it is known, five loads... .
The Shaykh : If Allah wills, he will move one load... .
The questioner : ... .
The Shaykh : If this has examples in the Shari'ah, and if its nature is specified, then this estimation and appraisal is what is called al-kharas; so this is permissible, meaning - for example - now when the trees are bearing fruit, the one who wants to guarantee it comes and estimates this fruit by appraisal, and on this basis they agree, saying he is the owner of the fruit, but the thing is specified and clear; unlike when it is not apparent, like - for example - the wool on the sheep, this cannot be estimated, and like the known fish in the water, for example; so this is from the sale of gharar, so the issues differ, meaning one case from another; so if the pile is an ordinary pile of dirt; a car - for example - dumps the pile, you bring the worker and tell him: for five dinars, for two dinars, depending on its amount, but if I dig in the unknown land, is it rocky, calcareous, earthen, etc., the issue of gharar comes up, which we call from the category of gambling.
The questioner : ... that we have piles of dirt, he said, the man's halal; meaning, give me in cash, give me them.
The Shaykh : This is correct, this is what we spoke of... .
The questioner : I told them: I swear by Allah, this matter is what we discussed... that this is the most correct; either by the load or by... .
The Shaykh: Perfect.
The questioner : But when it is... how much do you want for it? It is permissible for a person to calculate, he may lose or he may profit.
The Shaykh : There is risk in it.
The questioner : There is risk in it, the man is afraid, he himself is afraid; because it is a mountain of a pile.
The Shaykh : Meaning it is difficult to estimate.
The questioner : It is difficult to estimate, they told him... its estimate... .
The Shaykh : Here, it must be by the day or by the car.
The questioner : They told him: approximately, the estimate of the meter of digging, meaning how much will he throw per meter... and it will come out to him so many thousands, he said: still, I mean it is difficult... so give me by the load or... .
The Shaykh : No, digging is also more difficult and more problematic.
The questioner : Digging is more difficult.
The Shaykh: Yes.
The questioner : We said: the load... he also said: for the sake of halal and haram, meaning... he said: meaning, give me by the load, not by the day, the day would be that I am weak, or I go at my own pace.
The Shaykh : Reasonable.
The questioner : Or I lean... so you hold me accountable, but by the load it is known, five loads... .
The Shaykh : If Allah wills, he will move one load... .
The questioner : ... .
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.