حقوق المستأجر والأجير

Rights of the Employer and Employee

Sheikh Salaah al Budayr
Rabee ath Thaani 18, 1429 ~ April 25, 2008

All Praise is for Allah, Who has fed us and given us to drink, Who clothed us and gave us shelter. I bear witness that there is none worthy of worship except Allah, the One True God without any partner, Who is our Supporter, our Sustainer, and our Creator. I bear witness that Muhammad is the servant and messenger of Allah, who is our prophet, our leader, and our beloved messenger. He advised us to hold steadfast to tawheed, the oneness of Allah, and he called us to goodness. May Allah’s peace and blessing be upon him, his family members and his companions who were the most truthful ones.

Oh Muslims, fear Allah for the successful ones are ones who fear Him, and the winners are the guided ones. He is the happiest one who prevents himself from doing evil. Allah says “O you who believe! Fear Allâh as He should be feared, and die not except in a state of Islâm.” [Surah Ale Imraan: Ayah 102]

Oh believers, not everyone of us has a property or a means of transportation or a tool with which he works. And not everyone of us masters everything or has the ability to find someone to assist him. This is why Allah the Almighty has made lawful for us renting and hiring property and equipment, and hiring others to help us in our work. To meet the needs of people, Allah has made all of this permissible and it is the sunnah of the anbiya and the saliheen. ‘Aysha (Radiallahu Anha) said “The Messenger of Allah (Salallahu Alayhi Wasallam) and Abu Bakr (Radiallahu Anhu) hired a person from Banu Adiyy as a guide.” [Saheeh Bukhari] So fear Allah, oh servants of Allah. Abu Hurayrah (Radiallahu Anhu) narrated that the Messenger of Allah (Salallahu Alayhi Wasallam) said “Every prophet commissioned by Allah was a shepard over a flock of sheep.” His companions asked “Even you, oh Messenger of Allah?” He replied “Yes, I would take care of a flock of sheep for the people of Makkah.” [Saheeh Bukhari] ‘Ali (Radiallahu Anhu) said “I used to draw water from a well in exchange for a date provided that the date was fresh and good.” [Ibn Majah]  Abu Masud al Ansaar (Radiallahu Anhu) narrates that whenever Messenger of Allah (Salallayhi Wasallam) ordered us to give in charity, we used to go to the market and work as porters and we would get a mudd which is a special type of grain and then give it in charity.”  [Saheeh Bukhari]  Those were days of poverty, and today’s some of us have hundreds of thousands.

Oh Muslims, if you are hired to do something, you have to perfectly complete it according to the agreed way and time, and you do not deserve the wage until after the completion of the task.  It is not allowed for the employee or the workers to take on a task for which they have no experience.  If he is ignorant in a field, it is not permissible for him to take on such a task.  How many have claimed to be doctors or physicians while they are not?  And how many have claimed to be craftsmen while they are not?  And how many a time do such people cause destruction and loss of property?  ‘Amr bin Shu’ayb narrated from his father who narrated from his (‘Amr’s) grandfather (Radiallahu Anhum) that the Prophet (Salallahu Alayhi Wasallam) said “Whoever tries to cure somebody claiming to be a doctor while he is not, then he is responsible for his action.” [Abu Dawud]  Therefore, the worker and those who are hired for different tasks and jobs should fear Allah.  Additionally, those have private businesses should be truthful and sincere, honest and loyal, reliable and precise.  They should be aware of this loyalty and avoid delaying their tasks without any reasoning.  Know that every individual will be questioned on the Day of Judgement about the trusts given to him.

Oh Muslims, the worker deserves his wage only after the completion of his job and it is forbidden to delay giving him his wage after he has completed it.  Allah warned those who delay paying the wage to their employee as narrated by Abu Hurayrah (Radiallahu Anhu) in a divine hadith where Allah says “There are three people who I shall be their opponent on the Day of Judgment: a man who is giving something in my name and then betrays it, a man who sells of a free man as a slave and consumes the price, and the man who hires another for his labor, makes use of his service and then does not give him his wages.” [Saheeh Bukhari]  ‘Abdullah ibn ‘Umar (Radiallahu Anhum) has narrated from the Prophet (Salallahu Alayhi Wasallam) “Give the laborer his wage before his sweat dries.”  [Ibn Majah]

Fellow Muslims!  Amongst the things the Shari’ah has made permissable for us is renting property and land.  The property owner should allow the tenant to utilize the property for the agreed time.  It is not prohibited for the property owner to throw out the tenant before the allotted time is up.  The tenant on the other hand should look after the property and should not use it for anything other than the agreed purpose.  The property is a trust in his hands until it is returned to the owner.  When the allotted time is up, the rent  becomes a debt on his head, and it is forbidden for him not to pay.  Also he may not delay returning the property when the time is up.  It is also forbidden to give the property owner problems in any way, even that which may lead to the court.  This not a right of a Muslim on another.

Oh Believers!  Some people are very poor, so sympathy should be shown to them.  Show mercy on your tenants and do not overcharge them.  Be kind and merciful.  Be patient and tolerant with them, for he who is patient with debt or helps another to pay of his debt then he will be in the shade of Allah on the day of Judgment.  And his provisions and livelihood will be blessed, for indeed Allah helps those helps his brother!  May Allah benefit us all from the Quran and Sunnah and benefit us from its signs, verses, and wisdom.  I seek the forgiveness of Allah for myself, you, and all the Muslims, so seek His forgiveness for He is the Oft Forgiver, Most Merciful.

All praise is due to Allah, for His mercy on us.  And our thanks are for Allah for His guidance and generousity upon us.  I bear witness that there is none worthy of worship except Allah, the One true God without any partners.  Glory be to Him!  And I bear witness that Muhammad is the servant and messenger of Allah, who calls to seek Allah’s pleasure.  May Allah’s peace and blessings be upon him, his family members, his companions and brothers.

Oh Believers, fear Allah, for He is Ever Watchful over you.  Obey Him, and do not disobey Him.  “O you who believe! Be afraid of Allâh, and be with those who are true (in words and deeds).”  [Surah Tawbah: Ayah 119]

Fellow Muslims, it is forbidden to rent or hire something for that which is unlawful, such as hiring people for wailing at the time of a death, hiring music or singers, hiring smoking pipes, and dealing and distributing drugs and intoxicants.  The property owner is forbidden in renting his property for singing or music purposes and for gambling purposes.  It is also unlawful to rent one’s property who uses it for innovation in the deen, for sorcery, and for all indecent acts.  Whoever helps such a group of people, then they are from them.  So fear Allah, oh beleivers, and stay from all unlawful matters, for he who leaves out something for the sake of Allah then Allah will compensate him with something far better.

Know that Allah has enjoined upon you something which He started Himself, then His angels, and then you, saying: “Allâh and His angels send Salât on the Prophet. O you who believe! Send your Salât on him, and greet him with the Islâmic way of greeting.” [Surah Ahzaab: Ayah 56]

Oh Allah!  Send your peace and blessings on your beloved Prophet Muhammad continously until the Day of Judgement. Oh Allah, honor him and increase his status and glory.  Honor him, oh Allah, and be pleased with his household and companions, the Muhajireen and the Ansaar and upon us with them, oh Most Merciful, Oft Forgiver.

Oh Allah, honor Islaam and Muslims.  Oh Allah, honor Islaam and Muslims.

Oh Allah, make this land secure and for the rest of the Muslim countries…

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