Is the money he takes from them lawful or forbidden?
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The questioner : A questioner says, O honorableThe Shaykh : My brother has Muslim workers. He agreed in the contract to give them a monthly salary, but then he saw no benefit in that, so he wanted to send them away. They asked him to let them stay so they could work on their own account and give him three hundred riyals every month. Is the money he takes from them lawful or forbidden? Please advise us. May Allah reward you with good.
The Shaykh : The money he takes from them is forbidden for him because he did not do any work that would entitle him to take money from them. Yes, if we suppose that the man kept them and took responsibility for their support and their maintenance, and he became the one who contracted for the work in exchange for a share of what they earn, such as half or a quarter or something similar, then that is permissible, provided that it does not contradict the government regulations. Because government regulations are obligatory to follow as long as they are not forbidden. And I think the government does not allow a person to agree with workers that they work for a share of their wages. But many people say that if they are on a fixed wage, they do not proceed with the work, because one of them says, "My wage is full," and he slows down in work and production. And this is true; it may certainly happen. But the remedy for that is to say to them: "You are on the monthly wage that is between you and me, and you get so much for every meter, if they are, for example, and you get so much for every point if they are plumbers or electricists." In this case, the concern, which is the worker's negligence, is removed, and the wage is according to what is in the state's regulations, and the worker gains good from the bonus added to it. Yes.
The questioner : ... .
The Shaykh : Never, even if it were so. If he said, "If you work, give me three hundred riyals, and if you do not work, there is nothing on you," then it is not permissible.
The Shaykh : The money he takes from them is forbidden for him because he did not do any work that would entitle him to take money from them. Yes, if we suppose that the man kept them and took responsibility for their support and their maintenance, and he became the one who contracted for the work in exchange for a share of what they earn, such as half or a quarter or something similar, then that is permissible, provided that it does not contradict the government regulations. Because government regulations are obligatory to follow as long as they are not forbidden. And I think the government does not allow a person to agree with workers that they work for a share of their wages. But many people say that if they are on a fixed wage, they do not proceed with the work, because one of them says, "My wage is full," and he slows down in work and production. And this is true; it may certainly happen. But the remedy for that is to say to them: "You are on the monthly wage that is between you and me, and you get so much for every meter, if they are, for example, and you get so much for every point if they are plumbers or electricists." In this case, the concern, which is the worker's negligence, is removed, and the wage is according to what is in the state's regulations, and the worker gains good from the bonus added to it. Yes.
The questioner : ... .
The Shaykh : Never, even if it were so. If he said, "If you work, give me three hundred riyals, and if you do not work, there is nothing on you," then it is not permissible.