Is the cow appraised when given to its raiser, or is it not included in the division, making it like capital?
The aforementioned transaction is invalid due to ignorance (جهالة) and uncertainty (غرر), whether the cow is appraised or not, because its productivity and value at the time of division are unknown. Therefore, this contract is not permissible, and if it is concluded, it is invalid. The cow and its offspring belong to its owner, and the shepherd is entitled to a fair wage (أجرة المثل).
Examples from Islamic jurisprudence on the invalidity of lease contracts due to ignorance: If a person hires another to herd his sheep on the condition that their offspring and wool be divided equally between them, this is invalid due to the unknown nature of the consideration. It is not permissible to hire a shepherd for one-third, one-half, or all of the sheep's milk, offspring, and wool, due to the unknown nature of the compensation.
The correct approach is to lease the shepherd for a known, fixed amount to be paid to him, or by specifying a certain number of animals from the herd he tends as his wage, so that the compensation is known, far from uncertainty and ignorance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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