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L6qqiQe6JTo • Fiqh - Semester 4 - Lecture 9 | Shaykh Assim Al-Hakeem | Zad Academy English
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Kind: captions Language: en for [Music] what Foreman. [Music] Alhamdulillah. The people we hire to work or to do something for us, they could be of two types. Either they are exclusively hired or they're shared. What do we mean that by exclusively hired? Exclusively hired are those who work for us for a specific period of time and they do not work for anyone else. For example, an employee for the government or in a company, my own private driver, someone who works from 9 to5 for me. Um, a servant. I've hired them to do a specific task in exchange for a an amount of agreed upon payment. So such people are exclusively hired for me. They don't work for anyone else and they're not allowed to work for anyone else. Such people take their payment, their wages once they submit themselves to that specific task in that specific time and whether I give them work to do or I fail in giving them work to do there's no liability on them because they've submitted themselves. They punched the card. They came in at the agreed time and it's my fault that I did not give them work to do. So, they are entitled to take payment. I don't have the right to say, "Well, you didn't do anything in the 8 hours you stayed in the office." It's my problem. I didn't give him work but he came and he was ready to work. The shared hire is someone who does multiple tasks for different people and he is not necessarily time bound to do it such as a mechanic, a carpenter, an electrician, a barber, people working in um uh shops and the likes, um doctors, um contracting workers or construction uh workers. These guys are not bound to complete and finish the work for me only. They have a number of people that they work for. So that shared hire is not entitled for payment until he executes and finish and delivers the work whether it's short or long. The moment the task at hand is done then he is uh um expected to take his wages. Not necessarily that he should take payment during which he's executing the work because if he didn't finish the work he doesn't deserve to take any payment. Now what about when a person has a relationship, when a tenant for example rents a property, an apartment, a house and the agreement with the landlord that this house is to be used for that particular subject or reason that we've hired it for. So, I leased or rented a house to live in and this is the agreement written in the contract. I don't have the right to come and use that property as a bakery. This annoys the landlord and the neighbors. the smell, the um customers coming in and out. It's now being used for a commercial use and this is not permissible. This is what we've agreed upon. I have to honor the agreement. Among the mistakes that take place when hiring or renting is not being committed. And this is a serious offense. Muslims are committed people. They're known to honor their word and to fulfill their promises. And it is a treat and a characteristic of hypocrites to break their word and their promises. When I hire someone to do something and this is unfortunately seen in many places where law is not enforced. In some Muslim countries, you would find people abusing their authority if they're locals with the non-locals. So, they hire someone to do some work in their homes and after they finish either they don't give them their full payment and they say, "Well, I don't like the work, so I'll give you 50%, 70%." or they don't give them payment at all because they're illegal workers for example and they say to them go and complain to the police knowing that they won't do that. This is haram. We Muslims don't do this because we know that Allahawel is the one who is going to hold us to account. The prophet saysam, "Give the worker his wages before his sweat dries." Don't even wait five or 10 minutes till his sweat dries before you give him his payment. No, immediately once the task is done, you have to give him his money. And the prophet wasallam also threatened us and said there are three whose opponent I will be on the day of resurrection. The prophet himself will be your opponent if you transgress and wrongdo these three people. One of them is a man who hired a worker and got the job done in full but did not give him his wages. And this highlights integrity and honesty in Islam. And this is why you look at countries like Indonesia, like Malaysia, Singapore and the likes where not a single soldier, Muslim soldier set foot in it. Yet all this country accepted Islam. Why? Because merchants and traders who went there and dealt with them with the Islamic way, they were impressed and embraced and accepted this beautiful religion. And this answers the accusation. They say that Islam was spread by the sword. Some jurors and scholars say as the relationship between the person hiring and the hired person, we can look at it as well from a point of view. When we look at the relationship between a man and his wife, why they said because the man gave the woman dowy so that she would submit herself and give herself in matrimonial uh um contract to the man. So that means she's not allowed because of such quote unquote employment. She's not allowed to work for someone else without the permission of her husband. Which means that if a woman who's married after a couple of years felt bored and she said, "I'm applying for a company or I'm applying to teach in a girl's school or I'm a doctor. I want to work in a hospital." She's not allowed to do this. Unless her husband gives her permission to do so. Otherwise, she's sinful and she is rebellious and doing something that Allah has prohibited. for [Music] we will for [Music]