The Ruling on Monthly and Annual Maintenance Contracts
Machine translationRead the Arabic original
The questioner:
He comes to the Shaykh, may Allah correct his error. There are contracts called maintenance contracts, and the management of the place, meaning the shop, and the contract includes a condition of maintenance monthly or annually. This contract is valid for some of it, and there may not be a contract for a month or two, and consequently nothing is repaired in these months. What is the ruling on this money?
The Shaykh:
What does that include? A person has been in this country for a long time. For example, the carpenter used to repair the farming tools, the trays, and they would give him a certain amount of dates or a certain amount of wheat at the beginning of the loan. Likewise, the one who repairs the mills throughout the year is given a certain amount from the crops. This work existed, and no one from the scholars publicized it, and the public interest necessitates this. So, the maintenance contract is permissible, if Allah wills, because there is a benefit for both parties. This is the benefit of the money, and he has the benefit of maintaining the machines and maintaining the shop if something breaks down. The purchases are on the owner, there is no doubt, they are not on the worker. The purchases and changes in things are on the owner; the worker does not take them. Rather, the worker takes only the compensation for his handiwork, or it falls under the category of trade. It enters the category of lease, yes. If it is assumed. If the scholar complains.
The questioner:
No, why?
The Shaykh:
No, it does not permit this. This involves buying with excessive uncertainty. It involves buying with excessive uncertainty. He might buy a machine that is double the cost for his family, yes.
He comes to the Shaykh, may Allah correct his error. There are contracts called maintenance contracts, and the management of the place, meaning the shop, and the contract includes a condition of maintenance monthly or annually. This contract is valid for some of it, and there may not be a contract for a month or two, and consequently nothing is repaired in these months. What is the ruling on this money?
The Shaykh:
What does that include? A person has been in this country for a long time. For example, the carpenter used to repair the farming tools, the trays, and they would give him a certain amount of dates or a certain amount of wheat at the beginning of the loan. Likewise, the one who repairs the mills throughout the year is given a certain amount from the crops. This work existed, and no one from the scholars publicized it, and the public interest necessitates this. So, the maintenance contract is permissible, if Allah wills, because there is a benefit for both parties. This is the benefit of the money, and he has the benefit of maintaining the machines and maintaining the shop if something breaks down. The purchases are on the owner, there is no doubt, they are not on the worker. The purchases and changes in things are on the owner; the worker does not take them. Rather, the worker takes only the compensation for his handiwork, or it falls under the category of trade. It enters the category of lease, yes. If it is assumed. If the scholar complains.
The questioner:
No, why?
The Shaykh:
No, it does not permit this. This involves buying with excessive uncertainty. It involves buying with excessive uncertainty. He might buy a machine that is double the cost for his family, yes.
Source
عقود الصيانة — alfawzan.live
The Arabic text is a machine transcription of the audio recording.