regarding the work of some contractors and their estimates for digging?
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The questioner : My Shaykh, also regarding, as we said... the excavations... also bringing... as if we said a quantity of... which is not fixed approximately, meaning... this contractor takes it away, is this permissible?
The Shaykh : If this is... examples in the Shari'ah, if its nature is apparent, then this is an estimate... which is called al-kharas, so this is permissible, meaning for example trees when they are bearing fruit, this needs to be guaranteed, and he estimates the fruit by estimation, and on this basis they agree, saying he is the owner of..., but the thing is apparent and clear, unlike when it is not apparent, like for example wool on sheep, this cannot be estimated, and like the known fish in the water, for example. So this type of sale is a sale of gharar, so the issues differ, meaning one case from another, so if the pile is a pile of ordinary dirt, a car for example dumps the pile, you bring the worker and tell him for five dinars, for two dinars according to..., but if I dig the unknown land with it, whether it is... rocky, earthy... and so on, the issue of gharar comes up, which we call gambling...
The questioner : ... piles of dirt, he said... meaning give me recently... give me...
The Shaykh : This is correct, what we discussed...
The questioner : I told them, by Allah, this talk is what we discussed, that this is the regret, either on the palm tree or on... but when your share is on me... is permissible...
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 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 does he throw per meter... and it comes out to him so many thousands... he said meaning it is difficult... so give me from the palm tree...
The Shaykh : No, digging is also more difficult and more problematic.
The questioner : Digging is more difficult... we said: the palm... he also said: for the sake of halal and haram, meaning, give me for the palm, not the daily wage, the daily wage is that I exert myself or I go at my own pace or I lean... but... it is known...
The Shaykh : If this is... examples in the Shari'ah, if its nature is apparent, then this is an estimate... which is called al-kharas, so this is permissible, meaning for example trees when they are bearing fruit, this needs to be guaranteed, and he estimates the fruit by estimation, and on this basis they agree, saying he is the owner of..., but the thing is apparent and clear, unlike when it is not apparent, like for example wool on sheep, this cannot be estimated, and like the known fish in the water, for example. So this type of sale is a sale of gharar, so the issues differ, meaning one case from another, so if the pile is a pile of ordinary dirt, a car for example dumps the pile, you bring the worker and tell him for five dinars, for two dinars according to..., but if I dig the unknown land with it, whether it is... rocky, earthy... and so on, the issue of gharar comes up, which we call gambling...
The questioner : ... piles of dirt, he said... meaning give me recently... give me...
The Shaykh : This is correct, what we discussed...
The questioner : I told them, by Allah, this talk is what we discussed, that this is the regret, either on the palm tree or on... but when your share is on me... is permissible...
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 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 does he throw per meter... and it comes out to him so many thousands... he said meaning it is difficult... so give me from the palm tree...
The Shaykh : No, digging is also more difficult and more problematic.
The questioner : Digging is more difficult... we said: the palm... he also said: for the sake of halal and haram, meaning, give me for the palm, not the daily wage, the daily wage is that I exert myself or I go at my own pace or I lean... but... it is known...