dirhams, the contract is valid even though the rent for each individual month has not been itemised.
It is permissible to charge for admission to a public bath and for the services of a cupping practitioner. It is not permissible, however, to take a stud fee for a buck, nor to hire someone for the adhan, the iqamah, the pilgrimage, singing, or professional wailing.
According to Abu Hanifah, leasing an undivided share of property is invalid except to one’s co-owner, whereas Abu Yusuf and Muhammad deem such a lease valid.
It is lawful to employ a wet-nurse for a known wage, and the payment may likewise be arranged as her food and clothing. The hirer may not prevent her husband from marital relations with her. If she becomes pregnant, the parties may annul the contract if they fear her milk will harm the infant. She must prepare the child’s food, and if during the contract period she nurses him with ewe’s milk, she is entitled to no wage.
Any artisan whose work leaves a physical effect on the article—such as a fuller or a dyer—may retain the item after finishing the job until he has received his payment. One whose work leaves no such effect—like a porter or a boatman—has no right to withhold the property for his wage.
If it is stipulated that the craftsman must do the work himself, he may not delegate it; but if the wording is unrestricted, he may hire someone else to carry it out.
When a dispute arises between a tailor and the cloth’s owner— the owner saying, “I instructed you to make it a cloak,” while the tailor says, “A shirt”; or the owner tells the dyer, “I asked you to dye it red,” yet he dyes it yellow—then the owner’s word is accepted upon his oath; if he swears, the tailor is liable.
Should the owner assert, “You worked for me without charge,” while the craftsman claims, “For a fee,” Abu Hanifah rules that the owner’s statement prevails with his oath. Abu Yusuf says: if the craftsman is his regular hire, he is entitled to payment; if not, he receives nothing. Muhammad says: if the craftsman is known in that trade to work for wages, his claim that he worked for a fee is accepted.
In an invalid lease the amount due is the customary wage, provided it does not exceed the sum that had been named. If the tenant takes possession of the house—