A man stipulated to another that he would not work for anyone else; is it permissible for this worker to work outside his working hours?
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The questioner : May Allah reward you. A questioner asks: What is the ruling on a man who works for another man, and the second man stipulated that he not work for anyone else, and his working hours are eight hours? If he works during his free time, is he falling short of that condition?
The Shaykh : If he committed to this condition at the time of the contract, it is obligatory for him to fulfill it, based on the saying of the Prophet (peace and blessings be upon him): This condition does not make the lawful forbidden, nor does it make the forbidden lawful, so it is valid. And if it is valid, it is obligatory to fulfill it, based on the saying of Allah (Blessed and Exalted is He): [Al-Isra 17:34] and His saying (Glorified and Exalted is He): [Al-Ma'idah 5:1].
If someone says: How do you prevent him from working at a time when he is free?
We say: We did not prevent him; rather, he is the one who committed to it. Why did he not say to the one who hired him, "I do not accept this condition because it is during my free time; I will not fall short of anything for you"? If he is the one who chose this condition for himself and committed to it, then it is obligatory for him to fulfill it.
The Shaykh : If he committed to this condition at the time of the contract, it is obligatory for him to fulfill it, based on the saying of the Prophet (peace and blessings be upon him):
A condition is permissible between Muslims, except a condition that makes the forbidden lawful or makes the lawful forbidden.
الشرط جائز بين المسلمين إلا شرطا أحل حراما أو حرم حلالاAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْؤُولاًO you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِIf someone says: How do you prevent him from working at a time when he is free?
We say: We did not prevent him; rather, he is the one who committed to it. Why did he not say to the one who hired him, "I do not accept this condition because it is during my free time; I will not fall short of anything for you"? If he is the one who chose this condition for himself and committed to it, then it is obligatory for him to fulfill it.