Is it permissible to employ a non-Muslim maid, whether she is from the People of the Book or otherwise, such as a Buddhist or a Christian?
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The questioner : The question asks: Is it permissible to employ a non-Muslim maid, whether she is from the People of the Book or otherwise, meaning a Buddhist or a Christian; is it permissible to employ her in the homes?
The Shaykh : It is permissible to employ a non-Muslim woman, regardless of the type of her disbelief and misguidance, on the condition that the employed woman lives with the employer as if she were living with a non-mahram man... If she were the mistress of the house, it would not be permissible for her to employ or use this disbelieving woman; because when Allah (Mighty and Majestic) permitted Muslim women to display their hidden adornment, He mentioned in that context, after saying at the beginning of the verse:[An-Nur 24:31] or, then He said at the end of it or its end: ; meaning the Muslim women. This is the correct interpretation that we find in the books of tafsir generally.
As for interpreting this phrase of this verse as referring to their women in terms of character, not in terms of religion, this is an interpretation that is an innovation (bid'ah) with no basis in the interpretations of the righteous Salaf. This is an example of the hundreds of examples that lead us to adhere to the Salafi methodology based on the Book and the Sunnah. As we have said more than once: We call to the Book and to the Sunnah and to the methodology of the righteous Salaf; because we know that many Muslims come to verses and interpret them with their own opinions. So by what do you establish the argument against him if he says to you: "My brother, this is my opinion and this is my independent legal reasoning (ijtihad)?" We say to him: You have no right to independent legal reasoning (ijtihad) that contradicts what the righteous Salaf were upon. If the exegetes from the Companions and others agreed on interpreting this verse as meaning that the intended referent is the women of the Muslims, it is not permissible for us to say: No, the intended referent is not the Muslim women, but rather those who are characterized by the morals of Islam; whether they are Muslim or non-Muslim. And therefore, these countries that Allah (Mighty and Majestic) has blessed with these blessings and the abundant wealth that He expanded for them in provision, and they enjoy what many Islamic countries do not enjoy; the consequence of that was that they employed women—and even men—while they know that it is not permissible for a woman to appear—meaning the lady, the mistress of the house—it is not permissible for her to appear before a man; and yet we find many of them being lenient with the knowledge of their wives, being lenient in their going out before the servant as if he were her brother or her son; so how is the situation regarding the maids? The maids are treated with even more leniency by the mistresses of the houses in going out before them than with men.
Therefore, I say a word of truth: It is not permissible for a husband to allow his wife to employ a man, and indeed, it is not permissible for him to allow his wife to employ a non-Muslim woman except on the condition that he knows from her that she is religious and fears Allah (Mighty and Majestic), so that she veils herself from this woman whenever she enters or exits. And this is very difficult, except for the believing women who are accustomed to living in their homes while veiled, and this in this time hardly exists. Therefore, practically, it is not permissible to hire these disbelieving maids. And I lived there in the Emirates, specifically in Sharjah, for two months or more, and I found a great calamity there of complaints about these disbelieving maids entering upon the mistresses of Muslim homes as if they were Muslim. So when we remind them, they say: "What can we do? Necessity, and what is the necessity, and the rulings of necessity." Here, Satan plays with the desires of people; so we ask Allah (Mighty and Majestic) to protect us from contradicting the Shari'ah.
The Shaykh : It is permissible to employ a non-Muslim woman, regardless of the type of her disbelief and misguidance, on the condition that the employed woman lives with the employer as if she were living with a non-mahram man... If she were the mistress of the house, it would not be permissible for her to employ or use this disbelieving woman; because when Allah (Mighty and Majestic) permitted Muslim women to display their hidden adornment, He mentioned in that context, after saying at the beginning of the verse:
And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed.
وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ أَوْ آبَائِهِنَّ ... أَوْ أَبْنَائِهِنَّOr their women
أَوْ نِسَائِهِنَّOr their women
أَوْ نِسَائِهِنَّAs for interpreting this phrase of this verse as referring to their women in terms of character, not in terms of religion, this is an interpretation that is an innovation (bid'ah) with no basis in the interpretations of the righteous Salaf. This is an example of the hundreds of examples that lead us to adhere to the Salafi methodology based on the Book and the Sunnah. As we have said more than once: We call to the Book and to the Sunnah and to the methodology of the righteous Salaf; because we know that many Muslims come to verses and interpret them with their own opinions. So by what do you establish the argument against him if he says to you: "My brother, this is my opinion and this is my independent legal reasoning (ijtihad)?" We say to him: You have no right to independent legal reasoning (ijtihad) that contradicts what the righteous Salaf were upon. If the exegetes from the Companions and others agreed on interpreting this verse as meaning that the intended referent is the women of the Muslims, it is not permissible for us to say: No, the intended referent is not the Muslim women, but rather those who are characterized by the morals of Islam; whether they are Muslim or non-Muslim. And therefore, these countries that Allah (Mighty and Majestic) has blessed with these blessings and the abundant wealth that He expanded for them in provision, and they enjoy what many Islamic countries do not enjoy; the consequence of that was that they employed women—and even men—while they know that it is not permissible for a woman to appear—meaning the lady, the mistress of the house—it is not permissible for her to appear before a man; and yet we find many of them being lenient with the knowledge of their wives, being lenient in their going out before the servant as if he were her brother or her son; so how is the situation regarding the maids? The maids are treated with even more leniency by the mistresses of the houses in going out before them than with men.
Therefore, I say a word of truth: It is not permissible for a husband to allow his wife to employ a man, and indeed, it is not permissible for him to allow his wife to employ a non-Muslim woman except on the condition that he knows from her that she is religious and fears Allah (Mighty and Majestic), so that she veils herself from this woman whenever she enters or exits. And this is very difficult, except for the believing women who are accustomed to living in their homes while veiled, and this in this time hardly exists. Therefore, practically, it is not permissible to hire these disbelieving maids. And I lived there in the Emirates, specifically in Sharjah, for two months or more, and I found a great calamity there of complaints about these disbelieving maids entering upon the mistresses of Muslim homes as if they were Muslim. So when we remind them, they say: "What can we do? Necessity, and what is the necessity, and the rulings of necessity." Here, Satan plays with the desires of people; so we ask Allah (Mighty and Majestic) to protect us from contradicting the Shari'ah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.