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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 6

الترجمة · EN

hires a worker, then receives full service from him but does not pay him his wage" (6). The reports regarding this are numerous. The scholars of every era and every land have reached consensus on the permissibility of hire, except for what is narrated from Abd al-Rahman ibn al-Asamm (7), who said: It is not permissible, because it involves gharar (uncertainty). He meant that one is contracting over benefits that have not yet come into existence. This is an error and does not prevent the establishment of the consensus that has preceded through the ages and spread throughout the lands. Analogy also indicates its permissibility; for the need for benefits is like the need for tangible assets (a'yan). Since the contract is permissible for tangible assets, it must necessarily be permissible for benefits. The extent of people's need for this is not hidden; for not everyone possesses a house, nor is every traveler able to own a camel or a beast of burden, and it is not required for owners of property to house or carry them voluntarily. Similarly, artisans work for a wage, and it is not possible for everyone to do such work themselves, nor will they find someone to do it voluntarily, so hire is therefore inevitable. Indeed, this is something Allah the Almighty has made a path for sustenance, to the extent that most earnings are through crafts. What he mentioned regarding gharar is not to be heeded, given the need we have mentioned; for a contract upon benefits cannot be made after they have come into existence, because they perish with the passing of time, so it is necessary to contract upon them before they exist, just like al-salam (advance sale) for tangible assets.

Section: The linguistic root (ishtiqaq) of al-ijarah (hire) is from al-ajr, which is the compensation. Allah the Almighty said: {If you had wished, surely you could have taken wages for it} [Surah Al-Kahf: 77]. From this, reward (al-thawab) is called 'ajr', because Allah the Almighty compensates the servant with it for his obedience, or for his patience regarding a calamity.

الحواشي

(6) In: Chapter on the sin of one who sells a free man, from the Book of Sales; and in: Chapter on the sin of one who withholds the worker's wage, from the Book of Hire. Sahih Al-Bukhari 3/108, 118. It was also recorded by Ibn Majah, in: Chapter on the wages of workers, from the Book of Pledges. Sunan Ibn Majah 2/816. And Imam Ahmad, in: Al-Musnad 2/358. (7) Abd al-Rahman ibn Kaysan al-Asamm, Abu Bakr, a sheikh of the Mu'tazilah, famous for scholastic theology (kalam), principles (usul), and jurisprudence (fiqh); he died in the year 201 AH. Siyar A'lam al-Nubala 9/402. (8) In the original manuscript: "sahib" (owner). (9) Surah Al-Kahf: 77.

السابقمجلد 8 · صفحة 6التالي
السابق8·6التالي