What is the ruling on a guarantor who has a worker he brought in, but did not find work for him with him, so they agreed that he would take a monthly percentage from him on the condition that he works for others?
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The questioner : Your Eminence, the Shaykh.
The truth is, one of the workers present in this region asked me; he came to the region.
The Shaykh : Close to you.
The questioner : He came to the region and agreed with his guarantor in the region for a specific job, but when he arrived, he did not find that the guarantor had an establishment, so he released him and said: Go and work, and at the end of the month, bring me three hundred riyals.
He says, "I did not search," meaning he searched for work and found it, so he means to say: Is this work valid? Regarding what he will take in the new job, he says: Is it permissible for people like these to work for me and I give them one thousand riyals so that they can pay three hundred riyals, or do I mean...?
The Shaykh : I say: This is a forbidden act, and it is not permissible for anyone to bring in a worker for a specific job and then send 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 5:1] And He the Exalted said: [Al-Isra 17:34].
If the matter is more severe than this, such as leaving him neglected and imposing a tax on him every month that he must pay, then this is more severe and uglier.
Because this is, first, contrary to the Shari'ah and contrary to the state's regulations, and it is consuming wealth by falsehood, so it is not permissible for him. And it is obligatory for this worker to raise the matter to the Labor and Workers Department and complain about his guarantor.
The questioner : If he came to me, for example, as a person and said: I want to work, and I have guaranteed, 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 costs for which I came, is returning harder for me than working in this manner?
The Shaykh : In any case, if he is satisfied, but he is satisfied with ignorance and dislike, then it is as if he is not satisfied. And this guarantor will be punished for that on the Day of Resurrection, even if the worker is satisfied and says: If I return to my country, I will suffer a great loss, and I am satisfied, and even if you make me contrary to what was agreed in the contract. If that is due to ignorance and dislike, it does not absolve the guarantor's responsibility.
The truth is, one of the workers present in this region asked me; he came to the region.
The Shaykh : Close to you.
The questioner : He came to the region and agreed with his guarantor in the region for a specific job, but when he arrived, he did not find that the guarantor had an establishment, so he released him and said: Go and work, and at the end of the month, bring me three hundred riyals.
He says, "I did not search," meaning he searched for work and found it, so he means to say: Is this work valid? Regarding what he will take in the new job, he says: Is it permissible for people like these to work for me and I give them one thousand riyals so that they can pay three hundred riyals, or do I mean...?
The Shaykh : I say: This is a forbidden act, and it is not permissible for anyone to bring in a worker for a specific job and then send 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 بِالْعُقُودِAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وَأَوْفُوا بِالعَهْدِ إِنَّ العَهْدَ كَانَ مَسْؤُولاًIf the matter is more severe than this, such as leaving him neglected and imposing a tax on him every month that he must pay, then this is more severe and uglier.
Because this is, first, contrary to the Shari'ah and contrary to the state's regulations, and it is consuming wealth by falsehood, so it is not permissible for him. And it is obligatory for this worker to raise the matter to the Labor and Workers Department and complain about his guarantor.
The questioner : If he came to me, for example, as a person and said: I want to work, and I have guaranteed, 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 costs for which I came, is returning harder for me than working in this manner?
The Shaykh : In any case, if he is satisfied, but he is satisfied with ignorance and dislike, then it is as if he is not satisfied. And this guarantor will be punished for that on the Day of Resurrection, even if the worker is satisfied and says: If I return to my country, I will suffer a great loss, and I am satisfied, and even if you make me contrary to what was agreed in the contract. If that is due to ignorance and dislike, it does not absolve the guarantor's responsibility.