the one being appointed as a proxy for him on the Hajj journey, and he tightens [the straps] for him, raises his load, and performs Hajj on behalf of his father, and he pays him a wage for his service, that is not prohibited (68), if Allah Almighty wills.

Section: Anything for which the performer is not required to be among those performing an act of worship (qurbah)—such as teaching calligraphy, arithmetic, permissible poetry, and the like, or building mosques and bridges—it is permissible to take a wage for it. This is because it occurs sometimes as an act of worship and sometimes not as an act of worship, so it is not prohibited to be hired to perform it, just like planting trees or building houses. The same applies to teaching Fiqh and Hadith. As for that whose benefit does not go beyond the performer among the acts of pure worship, such as fasting, a person's prayer for himself, his Hajj on his own behalf, and the performance of his own Zakat, it is not permissible to take a wage for them, without disagreement, because the wage is compensation for utility, and no benefit is obtained for anyone else here, so it is similar to hiring objects that have no utility in them.

Section: If they differ regarding the amount of the wage, one saying: "You hired it to me for a year for one dinar," and the other saying: "Rather, for two dinars," they shall take mutual oaths, and one begins with the oath of the lessor. Ahmad explicitly stated this, and it is the position of al-Shafi'i; because hiring (ijarah) is a type of sale, so when they take mutual oaths before any of the duration has passed (69), they rescind the contract, and each of them returns to his property. If one of them is satisfied with what the other swore upon, the contract remains established. If they rescind the contract after the duration or part of it has passed, the specified [wage] lapses, and the wage of a similar [service] (ajr al-mithl) becomes obligatory, just as if they differed regarding the sold item after its destruction. This is the position of al-Shafi'i. Abu Hanifah held this view if the work had not been performed, but if it had been performed, the word is the word of the lessee regarding what is between him and the wage of a similar service. Abu Thawr said: The word is the word of the lessee, because he is a denier of the increase in the wage, and the word is the word of the denier. Our position is that hiring is a type of sale, so they take mutual oaths when they differ regarding its compensation, like a sale, and as [in the case] before the work is performed according to Abu Hanifah. Ibn Abi Musa said: The word is the word of the owner; due to the saying of the Prophet