The one entitled to a conditional payment takes it even if it is greater than usual

3-9-2015 | IslamWeb

Question:

A man has a sick daughter and he wants a certain kind of medicine. He said that whoever brought him that medicine, he would give him a car or a house, although that medicine is very cheap. What is the Sharee'ah ruling on the person who brings this medicine and takes the car or the house?

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Answer:

All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Whoever brings the intended medicine deserves the car or the house, or whatever was stipulated. It is considered a 'ji‘alah contract'. One of the validity conditions of this contract is to know the recompense and knowing the work is not a condition. If this man describes the car or the house in a way that removes any ambiguity; then, whoever brings the medicine to him deserves the conditional payment whether the value of the car or the house is similar to, more than or less than the gained wage by people who do similar work. However, it is permissible for the man to revoke and rescind the conditional payment contract before anyone brings him the medicine and nothing will be due upon him.

Allaah Knows best.