Transcript
L6qqiQe6JTo • Fiqh - Semester 4 - Lecture 9 | Shaykh Assim Al-Hakeem | Zad Academy English
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Language: en
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what Foreman.
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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.
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we will for
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