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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Imposing a daily fee on a car driver

Machine translationRead the Arabic original
The questioner:
The Shaykh is not from a land other than the lease, nor is it like what the owners of the Lubuzin company do, for the Lubuzin man says to him, "Give me one hundred riyals every day." Do you not consider this hundred to be the rent for the car during that day?

The Shaykh:
What is the car's rent? The car's rent is that he has a worker, he has a worker he brought from abroad as a driver, as a driver, and he said to him, "Bring me one hundred riyals every day, and if you do not, you are not to drive this car. Stay in the country and carry loads, but if you do not bring me one hundred riyals, you are not to drive." So the poor man submits to this, because they come carrying debts, carrying poverty, and with families behind them, so he submits to this and risks himself and gambles. And when this amount is obtained, something may remain for him, or nothing may remain. This is injustice and is not permissible. He brought him on the condition that the driver is on a wage, and it is obligatory that he fulfill the condition between them. Let him drive for his wage, for the salary he contracted with him for when he was recruited.
And the car's care for the car's owner is little or much, and this is his salary that they agreed upon. This is justice. And the Prophet (peace and blessings be upon him) said:
Muslims are bound by their conditionsالمسلمون على شروطه
As for him being beaten and threatened, and being told, "You must submit to me and bring me the amount I tell you, or you are not to drive," this is contrary to the agreement.
Fulfilling contracts. Allah the Exalted says:
O you who have believed, fulfill [all] contracts.يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ
[Al-Ma'idah 5:1]
Fulfilling contracts is obligatory. Yes. You indicated this from... Is this condition valid? Because it contradicts the system, the recruitment system. Recruitment has a system established, signed by both parties, but when he came here, he tightened things on him and said to him, "You must submit, or you are not to drive. I am your guarantor, and I have the right to prevent you from driving."

The questioner:
And I am willing.

The Shaykh:
He consents under duress, or he consents under duress.

The questioner:
Or this is for the benefit.

The Shaykh:
He did not consent with a true consent, rather he consented out of coercion. Yes. And if he were given the salary he contracted with him for, it would be more desirable for him and better. Yes.

The questioner:
Greater.

The Shaykh:
It is not suitable. The important thing is that this is not suitable, because even if he is safe from harming the driver, there is harm and uncertainty, because this amount may be obtained, or it may not be obtained.

The questioner:
Yes.

The Shaykh:
He also risks himself, he risks himself in order to obtain this amount, and accidents have occurred and evil has happened because of this. Yes. In fact, some of them have committed crimes, because if they see that they have not obtained the amount, they may steal, they may assault people and plunder their money in order to settle this amount. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 26 من 89|شرح العدة في شرح العمدة|البيوع|باب المساقاة والمزارعة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:05:51)

The Arabic text is a machine transcription of the audio recording.

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