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The question

What is the ruling on a contract that stipulates the payment of thirty sheep for thirty thousand Syrian Pounds annually for four years, with the division of the sheep's offspring (the males for the beneficiary and the females equally shared with the original owner after the period), and the beneficiary being responsible for their care and fodder?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The aforementioned contract is impermissible due to its inclusion of (excessive uncertainty/risk) and jahalah (ambiguity); this is based on the general prophetic tradition: "The Prophet (peace and blessings of Allah be upon him) prohibited gharar," and the tradition: "He prohibited hiring a worker until his wage is made clear to him."

The wage for one who tends the sheep is considered unknown (majhulah) because the sheep might not give birth to males, or might not give birth at all. The wage in this case is based on something that has not yet been created and might not come into existence. If it does come into existence, it is unknown whether it will be complete or deficient. Similarly, if the wage is based on their milk and wool, it is also unknown.

In this contract, there is also ambiguity regarding the work of the one hired, because he does not know what the sheep will give birth to or how many. If the contract were stipulated such that the one tending the sheep pays the owner thirty thousand Lira in exchange for the sheep's milk and wool, this too would be invalid because he has bought something that does not yet exist. And if it comes into existence, he does not know how much it will be or what it will be like.

And if we consider this amount paid to the one tending the sheep as a wage in return for what he obtains from their wool and milk, that would also not be permissible. In summary, the contract is invalid in all cases due to jahalah.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
86531
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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