Is the aforementioned treatment of "Mawali" permissible in Islamic law, which involves caring for camels for six years and dividing them equally, along with selling new male camels and sharing their price? If not, what is the legitimate alternative? And is the owner of the capital or the shepherd responsible for the damaged and deceased camels?
The aforementioned transaction is impermissible due to the ambiguity of the wage, the condition of selling his share of male offspring, and because the wage is part of something that has not yet been created and may never be created, or it is unknown whether it will be complete or deficient, or whether it will give birth to males or females. If created, its number and description are unknown. Jurists have explicitly stated the invalidity of leasing what is in the wombs of females. The correct alternative is for the owner of the camels to hire the shepherd for a known period with a known wage. As for the camels that perish while in the shepherd's care, if they were exclusively his and not shared, he is not liable for compensation unless he committed an act of transgression or negligence, because he is a trustee. However, if the shepherd was shared by more than one person, he is liable for compensation for what perished unless he provides evidence proving that he did not commit negligence or transgression.
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- 88141
- Imported
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