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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a contract in which one party is a gainer or a loser

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What is the ruling if you bring in one or two workers from neighboring countries, or elsewhere, and prepare a commercial establishment for them, place them in it, and give them freedom, and you say—for example—whether you make a profit of five or otherwise, the profit is yours, and you give me—for example—a fixed amount each month, such as one thousand riyals; because I do not know how much they will profit, perhaps it will not be regulated?

The ruling on this prohibition means: It is not permissible for a person to bring in workers, or traders, or to agree with a person from the country that he will trade in this shop, and give him so much and so much each month, and the rest of the profit is theirs, for this is gambling (maysir); because the shop may make a large profit, and the agreed-upon percentage may be small relative to this profit, or it may make only a small profit, and the percentage may be large, or it may make no profit at all, or it may incur a loss. So this contract includes the principle of gambling,and she: either a gainer or a loser, so it is not lawful and not permissible,And Rafi' ibn Khudayj (may Allah be pleased with him) said: [People used to lease land for the irrigation of date palms, the flow of canals, and some crops] meaning: he says to you, this is mine and this is yours, so this one is saved and this one perishes, and this one perishes and this one is saved, and people had no lease except this, so the Prophet (peace and blessings be upon him) forbade it.
And if the worker is a foreigner, the matter becomes more forbidden; because the government does not allow this and does not approve of it, and the state system, if it is not contrary to the Shari'ah, is obligatory to follow; because following it is obedience to Allah and His Messenger,Allah the Exalted said:
O you who have believed, obey Allah and obey the Messenger and those in authority among youيَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْ
[al-Nisa:59] .
And some ignorant people with little knowledge and weak faith think that the government is not to be obeyed except in what Allah has commanded, and this is a defective assumption; because what Allah has commanded, we must do it if it is obligatory, whether the government commands it or not;And because if we said: If the government is not to be obeyed except in what Allah has commanded, there would be no difference between it and the general public in obedience, so anyone who commands you with what Allah has commanded is obligatory to follow if Allah has made it obligatory. But the one in authority has a special status, so if the one in authority commands you with what Allah has commanded you, your doing it becomes obligatory from two angles: from the angle of Allah's command, and from the angle of the one in authority's command. And if he commands you with something forbidden, do not obey him; because there is no obedience to a created being in disobedience to the Creator. And if he commands you with something that is neither commanded nor forbidden, obey him. This is the difference between the one in authority and the rest of the people. The rest of the people, if they command you with something, you have the choice if Allah has not commanded it. But as for the one in authority, you must obey him except in sin. So if the one in authority says, "We do not allow any citizen to hand over a commercial establishment to a non-citizen to trade in it," we must refrain from this, and it is not lawful for us to violate the system; because disobeying the one in authority is disobedience to Allah the Exalted, unless they command a sin.
Source shamela.ws

The Arabic text is copied verbatim from the original source, without any edits.

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