provided that he is fit for that, and the owner of the tooth is more knowledgeable about its harm, its benefit, and the extent of its pain.

Section: Whoever is hired for a specified work as a liability, such as sewing, construction, or extracting a tooth, and the employee offers himself for the work, but the hirer does not enable him, the wage is not established by that; because he contracted for the benefit without setting a timeframe, so its compensation is not established by the mere offer, like the dowry which is not established by the woman offering herself. This differs from holding the animal for the duration of the hiring; because the benefits were lost [under his possession], unlike our issue.

912 - Issue: He said: (And there is no liability upon the shepherd if he does not transgress).

We do not know of any disagreement regarding the validity of hiring a shepherd, and it has been indicated by the words of Allah Almighty, informing us about Shu'ayb, that he said: {I wish to marry one of these two daughters of mine to you on the condition that you serve me for eight years}. It is known that Moses, peace be upon him, only hired himself out for tending sheep. Once this is established, there is no liability upon the shepherd for what is lost of the livestock, provided he does not transgress, and we know of no disagreement regarding this except from al-Sha'bi, as it was narrated from him that he held the shepherd liable. Our position is that he is a trustee over their protection, so he is not liable without transgression, like the one who is entrusted with a deposit (mustawda'), and because it is an entity he took possession of by virtue of the hiring contract, so he is not liable for it without transgression, like hired property. As for what is lost due to his transgression, he is liable for it without disagreement, such as if he sleeps while they are grazing, or is heedless of them, or lets them wander far from him, or they are absent from his sight and protection, or he strikes them with a strike in which he is excessive, or in a place other than where striking is appropriate,