The worker working under his guarantor's name and the guarantor trading in workers
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Question:
The second question: The questioner says here that Allah, the Creator, has legislated striving on earth to seek provision. We have recently heard from the presenter's house that a provider works under his guarantor's name. We ask you to clarify this, and may Allah reward you with good.
Answer:
Yes, because if the guarantor brings in workers and leaves them to work for people, taking a fixed amount from them every month, this is not permissible. Fatwas and decisions have been issued by the Committee of Senior Scholars regarding this, because it contradicts the condition set by the one in authority. The one in authority did not permit people to bring in workers and leave them to work for others in hope of their earnings. Rather, he granted permission to bring in workers for work that is with him, where they work for him and he pays them a salary. This is the basis on which they came, and this is the system established by the state. As for trading in workers, first, it is contrary to the one in authority, and obedience to the one in authority is obligatory. Second, it involves consuming the labor of these poor workers without right. What do you take this in exchange for? In exchange for what? In exchange for the guarantee? The guarantee is not taken for a fee. The scholars say that the guarantee is among contracts of kindness, and no fee is taken for it. You have not done anything except provide the guarantee, so no fee is set for it. You brought them in on the basis that you have work and you want them to work in your work. This is what the one in authority permitted you. But it turns out you have no work, and you brought them in only in hope of their earnings. This is a matter that is not permissible. This is not a prohibition of what Allah has made lawful; rather, this is what Allah has forbidden. The Messenger of Allah (peace and blessings be upon him) said: "Muslims are bound by their conditions"Sunan al-Bayhaqi 6:55. Yes.
The presenter:
May Allah bless you.
The second question: The questioner says here that Allah, the Creator, has legislated striving on earth to seek provision. We have recently heard from the presenter's house that a provider works under his guarantor's name. We ask you to clarify this, and may Allah reward you with good.
Answer:
Yes, because if the guarantor brings in workers and leaves them to work for people, taking a fixed amount from them every month, this is not permissible. Fatwas and decisions have been issued by the Committee of Senior Scholars regarding this, because it contradicts the condition set by the one in authority. The one in authority did not permit people to bring in workers and leave them to work for others in hope of their earnings. Rather, he granted permission to bring in workers for work that is with him, where they work for him and he pays them a salary. This is the basis on which they came, and this is the system established by the state. As for trading in workers, first, it is contrary to the one in authority, and obedience to the one in authority is obligatory. Second, it involves consuming the labor of these poor workers without right. What do you take this in exchange for? In exchange for what? In exchange for the guarantee? The guarantee is not taken for a fee. The scholars say that the guarantee is among contracts of kindness, and no fee is taken for it. You have not done anything except provide the guarantee, so no fee is set for it. You brought them in on the basis that you have work and you want them to work in your work. This is what the one in authority permitted you. But it turns out you have no work, and you brought them in only in hope of their earnings. This is a matter that is not permissible. This is not a prohibition of what Allah has made lawful; rather, this is what Allah has forbidden. The Messenger of Allah (peace and blessings be upon him) said: "Muslims are bound by their conditions"
Except for a condition that makes the forbidden lawful or the lawful forbidden
إلا شرطا أحل حراما أو حرم حلالاThe presenter:
May Allah bless you.
Source
قناة «العلامة الدكتور صالح الفوزان»، محاضرات في العقيدة والدعوة-059-خلق النبي صلى الله عليه وسلم ووجوب الاقتداء به|صالح الفوزان — youtube.com (58:21)
The Arabic text is a machine transcription of the audio recording.