Deducting the cost of hiring a domestic worker from her wages upon her departure
Machine translationRead the Arabic original
Question:
Honorable Shaykh! I hired a domestic worker, and the cost of bringing her here was four thousand riyals, on the condition that she work for me for two years. After one year had passed, she wanted to travel. May I deduct half the cost of bringing her from her wages in exchange for her departure?
Answer:
This is according to the condition between you and her. Muslims are bound by their conditions,[Al-Ma'idah 5:1] according to the condition between you and her. If you stipulated this with her, there is no harm. But if you did not stipulate it with her, it is not permissible.
Honorable Shaykh! I hired a domestic worker, and the cost of bringing her here was four thousand riyals, on the condition that she work for me for two years. After one year had passed, she wanted to travel. May I deduct half the cost of bringing her from her wages in exchange for her departure?
Answer:
This is according to the condition between you and her. Muslims are bound by their conditions,
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب العارية — islamhouse.com (1:09:40)
The Arabic text is a machine transcription of the audio recording.