as if he had hired a house, closed it, and did not live in it. And if he hires himself out to water palm trees, for every bucket for a date, or for a fals, or a known wage, it is permissible, due to the report narrated regarding it. And because every known labor has a known compensation, it is permissible, just as if he had named known buckets. It is necessary to have knowledge of the bucket, the well, and what he is drawing water with, because the labor differs accordingly.
Section: Abu al-Harith narrated from Ahmad regarding a man who hired an animal for ten days for ten dirhams; if he holds onto it for longer than that, he is entitled to one dirham for every day, and it is permissible. Ibn Mansur narrated from him regarding someone who hired an animal from Mecca to Jeddah for such-and-such, and if he goes to Arafat for such-and-such, there is no harm in it. Abd Allah narrated from him that if he said: "I have leased it to you for ten [dirhams], and whatever you hold it for, you owe ten for every day." These narrations indicate that his school is that whenever he estimates a known wage for every known labor, it is valid. The Judge (al-Qadi) interpreted all of this to mean that it is valid in the first case and invalid in the second, because its duration is unknown, so the contract is not valid regarding it, just as if he said: "I have hired you to transport this heap (subra) for me—which is ten qafiz—for one dirham, and whatever is in excess is by the calculation of that." The apparent meaning is the opposite of this, for his statement: "it is permissible" refers back to everything he mentioned before it, as does his statement: "there is no harm in it." And because for every labor there is a known compensation, it is valid, just as if he drew water for him for every bucket for a date, and the foundation has been established by the report narrated regarding it. The issue of the heap (subra) has no text narrated from the Imam, and the analogy of his texts is the validity of the lease. Even if its invalidity were granted, it is because the qafiz that he stipulated to be transported are not known by specification or description, and they differ, so the contract is not valid due to their ignorance, unlike the days, for they are known.
(4) In B and M: "yastasqi" (he asks for water). (5) In the original: "aktaraytuha" (I leased it). (6) In the original: "fi kull" (in every). (7) In B and M: "wa yata'awwal" (and he interprets). (8) In B and M: "bi-hisab" (according to the calculation). (9) In the original: "wa li-in" (and if).