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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 18

Translation · EN

meaning when you intend to recite. Also, because this is an adherence to the implication of the address (dalil al-khitab), and they do not subscribe to it, and likewise for the hadith. This is confirmed by the fact that the command to pay at a certain time does not prevent its obligation beforehand, just like His saying: "So for whatever you enjoy from them, give them their wages" (4:24), and the dower becomes mandatory before enjoyment. This is the same response regarding the hadith. This is supported by the fact that He only threatened punishment for withholding payment [after finishing the work, and you have said: The wage becomes mandatory bit by bit. It is possible that He threatened him for withholding payment] at the time when the demand is customarily directed. Another answer is that the verse and the reports were only revealed regarding someone hired for a specific task. As for when the lease is for a period, it is not addressed by them. As for when the lease is for a task, the wage is owned by the contract as well, but its delivery is not mandatory until the delivery of the task. Ibn Abi Musa said: Anyone hired for a known task is entitled to the wage upon the completion of the task, and if hired daily for a known wage, he has the wage of each day upon its completion. Abu al-Khattab said: The wage is owned by the contract, entitled by delivery, and established by the passing of the period. The entitlement of its delivery is suspended upon the task; because it is a compensation, so its delivery is not entitled except with the delivery of the counter-compensation, like the dower and the price of the sold item. It differs from the lease of tangible assets (a'yan) because their delivery serves the same purpose as the delivery of their usufruct. Whenever it is for a usufruct in the liability (dhimmah), the delivery of the usufruct does not occur, nor that which stands in its place, so the entitlement of the wage delivery is suspended upon the delivery of the task. As for their argument that one has not acquired the benefits, the response to that has already been provided. If it is said:

Notes

(43) Surah An-Nahl, 98. (44) Surah An-Nisa', 24. (45) Omitted from [B]. Needs review. (46) In the original: "yata'arradu" (it touches upon). (47) In the original: "ajra" (was), corrected to "jara" (ran/followed). (48) In the original: "kanat" (was, feminine), corrected to "kana" (was, masculine). (49) Omitted from [M]. (50) In the original: "fayatawaqqafu" (then it is suspended), corrected to "fatawaqqafa" (so it was suspended).

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