he will replace it with another of equal worth until the term fixed between them is fulfilled, and whatever number of animals agreed upon dies or is slaughtered he must substitute for it.
If a man hires a shepherd for a known period to watch a specifically designated flock for an agreed wage, and the flock perishes before the term is complete, the shepherd is entitled to the entire wage, while the owner may set him to guarding a different flock. Ashhab maintained, however, that the contract is thereby annulled.
Should a shepherd who has slaughtered and eaten one of the sheep claim that he feared it would die, he is still liable for it because he consumed it; this is undisputed from Malik. If he slaughtered it and brought it already slaughtered, or brought its skin together with the price of its meat, or the price of the whole animal slaughtered, Malik has two reported opinions: in one, he bears no liability if he claims he feared its death; in the other, he is held liable.
Malik permitted hiring a laborer in exchange for his maintenance, though my preference is that the maintenance and provisions be stated explicitly. Malik—Allah knows best—allowed it only because, in his view, the amount was commonly known. For that reason he said, “He is to be given an average level of maintenance,” and had that “average” been unknown, he would not have allowed it, for his principle is not to approve in rent what he would not approve in the price of tangible goods: it must be definite and unambiguous.
It is impermissible for a man to hire a weaver to weave his yarn in return for half of the finished cloth, but he may hire him to weave half the yarn for the other half. Likewise, a person may not lease out his riding-animal or his slave for half the earnings; if he does so, the owner is only entitled to the customary hire, while the worker keeps all the profit. Even if the owner were to say to the employee, “Work for me with my animal for half of what you earn with it,” the entire profit would still belong to the owner, and the worker would receive only the going wage.
It is permissible to harvest crops one has previously inspected for half the yield, and the same applies to gathering dates; but it is not permissible to harvest for a single day, or to gather dates for a day, on