What is the ruling on one who brings in workers from abroad and takes a monthly percentage from them?
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The questioner : What is the ruling, O Shaykh, if I bring in a worker or two from neighboring countries or elsewhere, set up a commercial shop for them, place them in it, and give them freedom? I say, for example, whether you make a profit of five thousand or otherwise, the profit is yours, but you give me a specific amount, say one thousand riyals, at the end of every month. This is because, for example, I do not know how much they will profit; perhaps it will not be consistent?
The Shaykh : Yes, the ruling in this is prohibition, meaning it is not permissible for a person to bring in workers or merchants, or to agree with one of the people of the country that he will trade in this shop and give him so much and so much every month, with the rest of the profit being his. For this is from gambling (maysir), because the shop may make a large profit, in which case the agreed-upon percentage is small relative to the profit, or it may make only a small profit, in which case the percentage is large, or it may make no profit at all, or it may incur a loss. Thus, this contract includes the principle of gambling, which is: "Either the winner or the loser". Therefore, it is not lawful and not permissible. And Rafi' ibn Khadij (may Allah be pleased with him) said:Sunan Abi Dawud 3392Sahih (Al-Albani) meaning: he says to you, this is mine and this is yours, .
And if the worker is a foreigner, the evil increases, because the government does not allow this and does not approve of it. The system of the government, if it is not contrary to the Shari'ah, is obligatory to follow, because following it is part of obedience to Allah and His Messenger. Allah the Exalted said:[An-Nisa 4:59]. Some ignorant people with little knowledge and weak faith think that the government is not to be obeyed except in what Allah has commanded. This is a defective assumption, because what Allah has commanded is obligatory for us to do if it is obligatory, whether the government commands it or not. And because if we said that the government is not to be obeyed except in what Allah has commanded, we would say there is no difference between it and people; every person who commands you with what Allah has commanded is obligatory to follow if Allah has made it obligatory.
But the one in authority has a special status. If the one in authority commands you with what Allah has commanded you, your action becomes obligatory from two aspects:
From the aspect of Allah's command, and from the aspect of the command of the one in authority.
And if he commands you with something forbidden, do not obey him,Mishkat al-Masabih 3696.
And if he commands you with something that is neither commanded nor forbidden, obey him. This is the difference between the one in authority and the rest of people. The rest of people, if they command you with something, you have the choice if Allah has not commanded it. As for the one in authority, you must obey him except in disobedience. If the one in authority says: We do not allow any citizen to hand over a commercial shop to a non-citizen to trade in it, it is obligatory for us to refrain from this, and it is not lawful for us to violate the system.
So you now know that it is forbidden, whether with citizens or non-citizens, but it becomes more evil if it is with non-citizens due to its violation of the state's system. Yes.
The Shaykh : Yes, the ruling in this is prohibition, meaning it is not permissible for a person to bring in workers or merchants, or to agree with one of the people of the country that he will trade in this shop and give him so much and so much every month, with the rest of the profit being his. For this is from gambling (maysir), because the shop may make a large profit, in which case the agreed-upon percentage is small relative to the profit, or it may make only a small profit, in which case the percentage is large, or it may make no profit at all, or it may incur a loss. Thus, this contract includes the principle of gambling, which is: "Either the winner or the loser". Therefore, it is not lawful and not permissible. And Rafi' ibn Khadij (may Allah be pleased with him) said:
for the people used to let out land in the time of the Messenger of Allah (ﷺ) for what grew by the current of water and at the banks of streamlets and at the places of cultivation
كان الناس يؤاجرون على الماذيانات وإقبال الجداول وأشياء من الزرعSo this one would be saved and this one would perish, and this one would perish and this one would be saved. And the people had no rental except this, so the Prophet (peace and blessings be upon him) forbade it.
فيسلم هذا ويهلك هذا ويهلك هذا ويسلم هذا ولم يكن للناس كراء إلا هذا فنهى عنه النبي صلى الله عليه وآله وسلمAnd if the worker is a foreigner, the evil increases, because the government does not allow this and does not approve of it. The system of the government, if it is not contrary to the Shari'ah, is obligatory to follow, because following it is part of obedience to Allah and His Messenger. Allah 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 مِنْكُمْBut the one in authority has a special status. If the one in authority commands you with what Allah has commanded you, your action becomes obligatory from two aspects:
From the aspect of Allah's command, and from the aspect of the command of the one in authority.
And if he commands you with something forbidden, do not obey him,
A creature is not to be obeyed when it involves disobedience to the "Creator.”
لأنه لا طاعة لمخلوق في معصية الخالقAnd if he commands you with something that is neither commanded nor forbidden, obey him. This is the difference between the one in authority and the rest of people. The rest of people, if they command you with something, you have the choice if Allah has not commanded it. As for the one in authority, you must obey him except in disobedience. If the one in authority says: We do not allow any citizen to hand over a commercial shop to a non-citizen to trade in it, it is obligatory for us to refrain from this, and it is not lawful for us to violate the system.
So you now know that it is forbidden, whether with citizens or non-citizens, but it becomes more evil if it is with non-citizens due to its violation of the state's system. Yes.