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Fixing quantity and price at the time of sale

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I went to a tailor to have a few kurtas sewn. My friend was supplying me with the fabric to sew the kurtas. However, the problem was that I didn’t know how much of fabric I would require, and the tailor was also unable to tell me the exact amount that he would need for the kurtas.

I took the roll of fabric from my friend and gave it to the tailor. The tailor said that he would sew the kurtas, and after sewing them, he would tell me exactly how many metres of fabric he used. My friend told me that he would charge me R80 p/m for his fabric. According to our arrangement, I would only pay my friend for the fabric after the kurtas are sewn.

Is this arrangement permissible? If not, how should we have structured our deal, bearing in mind that I did not know, in advance, the exact amount of fabric that will be required?

Bismillaah

A: It is incorrect. You or the tailor should have estimated the required amount of fabric and mentioned it to your friend so that the amount of fabric and the price could be fixed. This is the right procedure.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.