What is the ruling on a lease contract if the price is not specified, and how should one proceed in that case?
Machine translationRead the Arabic original
The questioner : The emigrating woman ... Allah, Glorified and Exalted is He ... before the term expires, and not for the one who called upon Allah, the Exalted, to revive her child?
The Shaykh : Yes, that is correct.
The questioner : May Allah bless you, regarding ...
The Shaykh : Has this man prepared himself for the work?
The questioner : He prepared himself for the work, but the work is not worth ten; it is worth only five riyals, so he gave him the five, and he said: Either you give me ten, or I don't want it.
The Shaykh : He said for ten ...
The questioner : They did not agree on the work.
The Shaykh : Yes, but when he gave him the five, what did he say to him?
The questioner : He said to him: Either you give me ten, or I don't want anything.
The Shaykh : All right, we say the contract is defective since they did not specify the wage, because one of the conditions for the validity of a lease is that the consideration be known. This condition is defective; I mean the wage is defective. So it reverts to the wage of the equivalent. He goes and estimates his wage, either he donates it on his behalf, and when a day comes he says to him: Either you take it, or ...
The Shaykh : Yes, that is correct.
The questioner : May Allah bless you, regarding ...
The Shaykh : Has this man prepared himself for the work?
The questioner : He prepared himself for the work, but the work is not worth ten; it is worth only five riyals, so he gave him the five, and he said: Either you give me ten, or I don't want it.
The Shaykh : He said for ten ...
The questioner : They did not agree on the work.
The Shaykh : Yes, but when he gave him the five, what did he say to him?
The questioner : He said to him: Either you give me ten, or I don't want anything.
The Shaykh : All right, we say the contract is defective since they did not specify the wage, because one of the conditions for the validity of a lease is that the consideration be known. This condition is defective; I mean the wage is defective. So it reverts to the wage of the equivalent. He goes and estimates his wage, either he donates it on his behalf, and when a day comes he says to him: Either you take it, or ...
