Is it permissible to participate in an IVF program where the participant pays a higher amount than the original cost of the procedure if it succeeds the first time, and a lower amount if it fails the first time and is repeated?

The issue focuses on two points: The first relates to the permissibility of a physician stipulating a cure, meaning that the contract with him is based on his entitlement to his fee if healing occurs, and not otherwise. Scholars have differed on its permissibility, and the correct view is that it is permissible as a ju'ala (reward-based contract) and not as an ijara (fixed-wage contract).

The second point relates to varying the fee based on a condition for the work, such as the patient saying to the physician: "If I am cured within such and such a period, then you get such and such, and if I am not cured, then you get such and such." This issue is also subject to scholarly disagreement regarding its permissibility. We believe it is permissible as a ju'ala in a situation like the questioner's, provided that the procedure is permissible, especially if there is a need, citing examples from the Fatawa Hindiyya regarding the permissibility of varying the fee with a change in place or time, despite the scholars' differing views on the validity of all conditions.