A company with machinery and equipment contracts with a maintenance company, paying it an annual sum in exchange for being able to call them at any time for maintenance?
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The questioner: Maintenance contracts, O Shaykh, are those where a company, for example, imports machines and equipment, then contracts with a maintenance company; such that, for example, it pays them ten thousand riyals per year in exchange for the fact that if these machines or any part of them breaks down, they can call them at any time to maintain them.
The Shaykh: Gambling, gambling. The causes are many, but the death is one.
The questioner: How is the element of gambling here?
The Shaykh: This form is gambling. However, if the commitment is that the company agrees with, for example, a mechanical engineer to come every month and inspect the devices or machines in which he specializes in repairing.
The questioner: Yes.
The Shaykh: He comes every month and inspects according to what is agreed with the company, one hour, two hours, one day, two days, depending on the quantity of the machines or their scarcity; this is permissible. But if the matter is left to chance, to fate, the issue becomes—you have it with you, you and youThe questioner- the issue becomes like insurance companies, which we struck as an example earlier inside; that the man pays the first installment, even for the car, and they compensate him for it, even though he did not pay but a very small amount. And another continues for many years, paying and paying, and does not have an accident, meaning like my story, and praise be to Allah, I am not a member of a company, and I have not had an accident in my entire life. So if I were a member, for what did I pay? For nothing. This is gambling. Likewise, the form you are looking for; if it is merely waiting for whether a device or machine breaks down, and he is committed to repairing it, and he takes a monthly or annual wage; this is gambling; because all the machines might break down, and what he took would not be enough for the wage of these machines, and the opposite is exactly the opposite. But if the agreement is in the manner I mentioned earlier, that he actually comes and inspects these devices and casts a glance over them on a day in each month, or according to what? The agreement, as he said - peace and blessings be upon him - , and this has many forms and very many, like what they call what? Health insurance? Health insurance.
I assume that a family agrees with a doctor; you have a wage of such-and-such on the condition that you come every month and inspect the family. This is nothing wrong. But the second agreement, which resembles that agreement, is that you have on me such-and-such every month on the condition that if a patient among us gets sick, you inspect and treat him on the account of the salary you take. And this person and his family may pass through without anyone among them getting sick, and he takes the wage for what? For nothing. This is gambling. I think the picture is clear.
The questioner : Clear.
The Shaykh : Praise be to Allah.
The questioner: If the intention combines, meaning we now have a contract with a company that combines both methods, meaning the engineer comes every month to inspect and clean, and if a breakdown occurs, we call him and he comes - as well -.
Another questioner: Combining the two forms, meaning.
The questioner: Meaning combining the two forms in one contract.
The Shaykh: Permissible then in the work.
Another questioner: Meaning he does not take it for free. If his work were limited to visits only, the amount he would take would be much more.
The Shaykh : Oh?
The questioner: More; because the contract calculates for the breakdowns that may occur and may not occur.
The Shaykh: How? Repeat it to me? I did not grasp it; a question from you distracted me.
The questioner: The contract assumes the engineer comes once every month for cleaning, ensuring, and inspecting, but it - also - includes repairing breakdowns in case they occur, and the price is paid as one; whether a breakdown occurs or not. But this price, if it were limited only to the visits, would be much higher than the cost of the visit; because he takes into consideration that a breakdown must occur, and they bear it; in terms of the necessary spare parts, or in terms of the time that ... to repair the breakdowns ... .
The Shaykh: The ruling on this form is different from the form ... , it is not permissible, of course.
Another questioner : It is not permissible.
The Shaykh: No.
Another questioner: Now many maintenance companies are in this form, all companies.
The questioner : ... .
The Shaykh : ... .
Another questioner: ... ... ; because, O Shaykh, companies usually. Please go ahead.
The Shaykh: ... all insurance companies are based on it.
The questioner: Yes.
Another questioner: But their study is that this device runs you - for example - one year, O Shaykh, and after the year, maintenance is necessary for it, meaning maintenance is expected and expected. The company must change a spare part; because the lifespan of this part or this device is one or two years.
Another questioner : It is known.
The questioner: Even so, meaning the company must repair this device.
The Shaykh: ... does it mean that the company does not repair anything except by supply.
Another questioner: Repair or replacement.
The Shaykh : ... .
Another questioner: ... there is a possibility.
The Shaykh: ... yes, that is it.
The questioner: Yes.
Another questioner : The common practice in the Kingdom is replacement ... the time is difficult, meaning, they do not repair, spare parts are available.
The Shaykh: The analysis he mentioned is not ... .
Another questioner: ... O Shaykh ... both parties?
The Shaykh : How?
The questioner: Both parties benefit, meaning.
The Shaykh : ... .
Another questioner : The benefit is realized ... for both parties.
The Shaykh: The benefit for both parties is like insurance, again the benefit is realized ... for the company and the opposite is exactly the same, the examples are very clear.
The questioner: The example the brother Hashim gave regarding the ... this is a viewpoint, ... it is not ... may Allah reward you with good.
The Shaykh: We benefit from it.
The questioner: May Allah preserve you - if Allah wills - O Shaykh, that the elevator requires maintenance so that it does not ... on it ... , whereas when there is periodic maintenance on it, the possibility of its breaking down is less ... .
The Shaykh: I did not understand that there is an agreement between the owner - for example - of these elevators and the company.
The questioner: Yes.
The Shaykh: That every month you must come and do an inspection, at the end of every year you do an inspection ... .
The questioner: Yes.
The Shaykh: Whereas if something happens to this elevator, you are responsible for repairing it in exchange for this salary ... .
The questioner: Yes.
The Shaykh : This...
Another questioner: Here, O Shaykh, there is nothing.
Another questioner : ... .
The Shaykh : Yes, you may.
The questioner : ... .
The Shaykh : It is not permissible.
The Shaykh: Gambling, gambling. The causes are many, but the death is one.
The questioner: How is the element of gambling here?
The Shaykh: This form is gambling. However, if the commitment is that the company agrees with, for example, a mechanical engineer to come every month and inspect the devices or machines in which he specializes in repairing.
The questioner: Yes.
The Shaykh: He comes every month and inspects according to what is agreed with the company, one hour, two hours, one day, two days, depending on the quantity of the machines or their scarcity; this is permissible. But if the matter is left to chance, to fate, the issue becomes—you have it with you, you and youThe questioner- the issue becomes like insurance companies, which we struck as an example earlier inside; that the man pays the first installment, even for the car, and they compensate him for it, even though he did not pay but a very small amount. And another continues for many years, paying and paying, and does not have an accident, meaning like my story, and praise be to Allah, I am not a member of a company, and I have not had an accident in my entire life. So if I were a member, for what did I pay? For nothing. This is gambling. Likewise, the form you are looking for; if it is merely waiting for whether a device or machine breaks down, and he is committed to repairing it, and he takes a monthly or annual wage; this is gambling; because all the machines might break down, and what he took would not be enough for the wage of these machines, and the opposite is exactly the opposite. But if the agreement is in the manner I mentioned earlier, that he actually comes and inspects these devices and casts a glance over them on a day in each month, or according to what? The agreement,
And the believers are bound by their conditions
والمؤمنون عند شروطهمI assume that a family agrees with a doctor; you have a wage of such-and-such on the condition that you come every month and inspect the family. This is nothing wrong. But the second agreement, which resembles that agreement, is that you have on me such-and-such every month on the condition that if a patient among us gets sick, you inspect and treat him on the account of the salary you take. And this person and his family may pass through without anyone among them getting sick, and he takes the wage for what? For nothing. This is gambling. I think the picture is clear.
The questioner : Clear.
The Shaykh : Praise be to Allah.
The questioner: If the intention combines, meaning we now have a contract with a company that combines both methods, meaning the engineer comes every month to inspect and clean, and if a breakdown occurs, we call him and he comes - as well -.
Another questioner: Combining the two forms, meaning.
The questioner: Meaning combining the two forms in one contract.
The Shaykh: Permissible then in the work.
Another questioner: Meaning he does not take it for free. If his work were limited to visits only, the amount he would take would be much more.
The Shaykh : Oh?
The questioner: More; because the contract calculates for the breakdowns that may occur and may not occur.
The Shaykh: How? Repeat it to me? I did not grasp it; a question from you distracted me.
The questioner: The contract assumes the engineer comes once every month for cleaning, ensuring, and inspecting, but it - also - includes repairing breakdowns in case they occur, and the price is paid as one; whether a breakdown occurs or not. But this price, if it were limited only to the visits, would be much higher than the cost of the visit; because he takes into consideration that a breakdown must occur, and they bear it; in terms of the necessary spare parts, or in terms of the time that ... to repair the breakdowns ... .
The Shaykh: The ruling on this form is different from the form ... , it is not permissible, of course.
Another questioner : It is not permissible.
The Shaykh: No.
Another questioner: Now many maintenance companies are in this form, all companies.
The questioner : ... .
The Shaykh : ... .
Another questioner: ... ... ; because, O Shaykh, companies usually. Please go ahead.
The Shaykh: ... all insurance companies are based on it.
The questioner: Yes.
Another questioner: But their study is that this device runs you - for example - one year, O Shaykh, and after the year, maintenance is necessary for it, meaning maintenance is expected and expected. The company must change a spare part; because the lifespan of this part or this device is one or two years.
Another questioner : It is known.
The questioner: Even so, meaning the company must repair this device.
The Shaykh: ... does it mean that the company does not repair anything except by supply.
Another questioner: Repair or replacement.
The Shaykh : ... .
Another questioner: ... there is a possibility.
The Shaykh: ... yes, that is it.
The questioner: Yes.
Another questioner : The common practice in the Kingdom is replacement ... the time is difficult, meaning, they do not repair, spare parts are available.
The Shaykh: The analysis he mentioned is not ... .
Another questioner: ... O Shaykh ... both parties?
The Shaykh : How?
The questioner: Both parties benefit, meaning.
The Shaykh : ... .
Another questioner : The benefit is realized ... for both parties.
The Shaykh: The benefit for both parties is like insurance, again the benefit is realized ... for the company and the opposite is exactly the same, the examples are very clear.
The questioner: The example the brother Hashim gave regarding the ... this is a viewpoint, ... it is not ... may Allah reward you with good.
The Shaykh: We benefit from it.
The questioner: May Allah preserve you - if Allah wills - O Shaykh, that the elevator requires maintenance so that it does not ... on it ... , whereas when there is periodic maintenance on it, the possibility of its breaking down is less ... .
The Shaykh: I did not understand that there is an agreement between the owner - for example - of these elevators and the company.
The questioner: Yes.
The Shaykh: That every month you must come and do an inspection, at the end of every year you do an inspection ... .
The questioner: Yes.
The Shaykh: Whereas if something happens to this elevator, you are responsible for repairing it in exchange for this salary ... .
The questioner: Yes.
The Shaykh : This...
Another questioner: Here, O Shaykh, there is nothing.
Another questioner : ... .
The Shaykh : Yes, you may.
The questioner : ... .
The Shaykh : It is not permissible.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.