What is the ruling on a lease contract if the compensation is not known?
Machine translationRead the Arabic original
The questioner : ...
The Shaykh : Did this man prepare himself for the work?
The questioner : He prepared himself for the work, but the knowledge 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 reader: They did not agree on the work after the work was finished.
The Shaykh : Yes, but when he gave him the five, what did he say to him?
The reader: 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 compensation 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..." Yes, either you take it now, or you have the right to its wage.
The Shaykh : Did this man prepare himself for the work?
The questioner : He prepared himself for the work, but the knowledge 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 reader: They did not agree on the work after the work was finished.
The Shaykh : Yes, but when he gave him the five, what did he say to him?
The reader: 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 compensation 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..." Yes, either you take it now, or you have the right to its wage.