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[Dispute Between the Worker and the Employer Over the Amount of Wage]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 20935
Number of views: 1
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[Dispute Between the Worker and the Employer Over the Amount of Wage]
Fatwa number: 20935
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Question

Question: A man asked another to transport crushed concrete and gravel for him, and he asked him to fix a price. He said: the price per load (truckload) is “fifteen—twenty.” He then transported what was required. At settlement, they differed: the requester said, “I will give you fifteen,” while the transporter said, “Twenty.” What is the ruling?

Answer

Answer: The transporter’s statement “fifteen—twenty” bears two possibilities:
1- That the lowest price per load is fifteen thousand riyals and the highest is twenty; this indicates he is content with a price of 15 and above up to 20.
2- That he intends a choice between the two prices.
On the first understanding, the transaction is valid, and the purchaser is only obligated to pay fifteen; if he adds more, it is from himself. A close parallel is: “...on the condition that you hire yourself to me for eight years; but if you complete ten, it will be from you.” [Al-Qasas:27]
On the second understanding, the transaction is deemed invalid, because choice between two prices entails ignorance regarding the consideration and leads to dispute.
If a transaction admits two constructions—validity and invalidity—it is carried upon validity. Accordingly, this transaction is valid.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

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