Ruling on working in a manner different from the agreed-upon contract
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His Eminence the Shaykh: One of the workers in the region asked me. He said he came to the region and had agreed with his sponsor in the region on a specific job. When he arrived, he found that this sponsor did not have an establishment, so he released him and told him: Go and work, and at the end of the month, bring me three hundred riyals.So he says: Is this work valid?
This work is forbidden, and it is not permissible for anyone to bring in a worker for a specific job and then assign him to another job, even if it is for the monthly wage they agreed upon.Meaning: If he brought him in to be a carpenter, it is not permissible for him to employ him as a blacksmith, for example, or to tend camels, or to plow crops, because this is contrary to the contract.And Allah the Exalted said: [Al-Ma'idah: 1] If the matter is more severe than this, such as leaving him and imposing a tax on him every month that he must pay, then this is more severe and uglier;Because this, first of all: It is contrary to the Shari'ah, contrary to the state's regulations, and consuming wealth unjustly, so it is not permissible for him. Therefore, the worker has the right to bring the matter to the Labor and Workers Department and complain about his sponsor.
The questioner: If a person came to you and said: I want to work, and I have incurred expenses,Meaning: I paid large sums in my country. I want to work or return to my country, and I have lost a lot of money. So when I work for you, I find a certain amount that covers the expenses that brought me here. Is returning harder for me than working in this manner?The Shaykh: In any case, if he is satisfied, but his satisfaction is due to being kept in the dark and out of dislike, it is as if he were not satisfied. And this sponsor will be punished for that on the Day of Resurrection, even if the worker is satisfied.And he said: If I return to my country, I will suffer a great loss, and I am satisfied, even though it is contrary to what was agreed upon in the contract. If that is due to being kept in the dark and out of dislike, it does not absolve the sponsor of his responsibility.
The questioner: And the other sponsor for whom he will work, is there anything on him?The Shaykh: I did not understand from your words anything but one sponsor.
You brought him from abroad to work for you, even if as a farmer who waters the crops,So I said to him: I do not want you. Go and work and give me three hundred riyals every month. Is this not your question?The questioner: But he will go to another crop owner in the same job he works in. Can the other crop owner make him a worker for him, and is there any harm in that?Answer: In any case, the other crop owner is free with him,Meaning: There is no harm on him, but that sponsor is the one who is in harm.
This work is forbidden, and it is not permissible for anyone to bring in a worker for a specific job and then assign him to another job, even if it is for the monthly wage they agreed upon.Meaning: If he brought him in to be a carpenter, it is not permissible for him to employ him as a blacksmith, for example, or to tend camels, or to plow crops, because this is contrary to the contract.And Allah the Exalted said:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِThe questioner: If a person came to you and said: I want to work, and I have incurred expenses,Meaning: I paid large sums in my country. I want to work or return to my country, and I have lost a lot of money. So when I work for you, I find a certain amount that covers the expenses that brought me here. Is returning harder for me than working in this manner?The Shaykh: In any case, if he is satisfied, but his satisfaction is due to being kept in the dark and out of dislike, it is as if he were not satisfied. And this sponsor will be punished for that on the Day of Resurrection, even if the worker is satisfied.And he said: If I return to my country, I will suffer a great loss, and I am satisfied, even though it is contrary to what was agreed upon in the contract. If that is due to being kept in the dark and out of dislike, it does not absolve the sponsor of his responsibility.
The questioner: And the other sponsor for whom he will work, is there anything on him?The Shaykh: I did not understand from your words anything but one sponsor.
You brought him from abroad to work for you, even if as a farmer who waters the crops,So I said to him: I do not want you. Go and work and give me three hundred riyals every month. Is this not your question?The questioner: But he will go to another crop owner in the same job he works in. Can the other crop owner make him a worker for him, and is there any harm in that?Answer: In any case, the other crop owner is free with him,Meaning: There is no harm on him, but that sponsor is the one who is in harm.
