The honorable Shaykh, if a person brings in a worker and places him in a shop, providing him with housing and sustenance, and says to him, meaning he opens the shop for him and bears the rent, and says:
Machine translationRead the Arabic original
The questioner : The honorable Shaykh, if a person brings in a worker and places him in a shop, providing him with housing and sustenance, and says to him, meaning he opens the shop for him and bears the rent, and says: You work and give me, for example, a percentage of one thousand or two thousand riyals per month?
The Shaykh : No, it is not a percentage of one thousand or two thousand. The percentage is that he says: Give me a quarter, give me half of the profit.
The questioner : No, he does not specify for him, for example, he allocates for him one thousand, saying: I want from you one thousand or two thousand riyals per month, and the rest is yours.
The Shaykh : First: This is not permissible because it contradicts the regulations. If the regulations do not contradict the Shari'ah, it is obligatory, meaning it is obligatory to implement them by the command of Allah (Mighty and Majestic), as He the Exalted said:[An-Nisa 4:59]. Some people's negligence regarding regulations that do not contradict the Shari'ah is a trial, and they are sins that many people do not realize. Meaning, a person does not realize that if he violates the regulations, he is disobedient to Allah, and if he persists, he is persistent in disobedience. This is one point. Second: Specifying a certain amount is not permissible because it involves gharar (excessive uncertainty in a contract) and ignorance, as the worker might obtain the two thousand that his guarantor estimated for him, or he might obtain four thousand or five thousand, or he might not obtain even one thousand. So the matter involves ignorance and maysir (gambling), so it is not permissible. Thus, this transaction is haram (forbidden) from two aspects: the first aspect is violating the regulations, and the second aspect is violating the Shari'ah because it contains ignorance and maysir. Yes.
The questioner : Okay, if he says: half by half?
The Shaykh : It remains a violation of the regulations, but many guarantors say: If we give him the wage we agreed upon, he will play and not work. We say: Make it a bonus for him. You say, for example, if you complete such and such, then you get such and such. For example, let us suppose he is a tailor. I say: Your wage is five hundred riyals as agreed in the contract, and for every garment you get, for example, two riyals, or three, or ten. Yes.
The Shaykh : No, it is not a percentage of one thousand or two thousand. The percentage is that he says: Give me a quarter, give me half of the profit.
The questioner : No, he does not specify for him, for example, he allocates for him one thousand, saying: I want from you one thousand or two thousand riyals per month, and the rest is yours.
The Shaykh : First: This is not permissible because it contradicts the regulations. If the regulations do not contradict the Shari'ah, it is obligatory, meaning it is obligatory to implement them by the command of Allah (Mighty and Majestic), as He the Exalted said:
O you who have believed, obey Allah and obey the Messenger and those in authority among you
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْThe questioner : Okay, if he says: half by half?
The Shaykh : It remains a violation of the regulations, but many guarantors say: If we give him the wage we agreed upon, he will play and not work. We say: Make it a bonus for him. You say, for example, if you complete such and such, then you get such and such. For example, let us suppose he is a tailor. I say: Your wage is five hundred riyals as agreed in the contract, and for every garment you get, for example, two riyals, or three, or ten. Yes.