5.4 Albashi saboda Aiki
5.4 Wage for Work
Ana buƙatar cewa ladan da ake biya saboda ɗaukar aiki ya zama an san shi da shaida da bayani irin wanda zai kawar da duk wani shakku a kansa. Domin Annabi (sallallahu alaihi wa sallam) ya ce: "Duk wanda ya ɗauki mutum aiki, to ya sanar da shi ladarsa." Ladan ɗaukar aiki yana iya zama kuɗi, ko ba kuɗi ba, ko dukiya, ko wata amfani. Duk abin da aka halatta ya zama farashi, to an halatta ya zama lada, ko kayan masarufi ne ko amfani, bisa sharadin cewa an san shi; amma idan ba a san shi ba, to bai inganta ba. Saboda haka, idan aka ɗauki mutum ya girbe amfanin gona a kan wani ɓangare na abin da aka girba a matsayin ladansa, hakan bai halatta ba, domin ladan ba a san shi ba. Amma idan aka ɗauke shi a kan sa'a ɗaya ko biyu (sa'a: ma'auni na kwance), to hakan halal ne. Haka nan an halatta a ɗauki ma'aikaci don abincinsa da tufafinsa, ko a ba shi lada tare da abincinsa da tufafinsa, domin hakan halal ne a game da mace mai shayar da jariri. Allah (subhanahu wa ta'ala) ya ce:
It is stipulated that property paid in return for hiring should be known by such witness and description so as to remove any uncertainty about it. Because the Prophet (pbuh) (pbuh) said: “Whosoever hired a person He has to inform Him about his wage.” Recompense for hiring is allowed to be monetary, non-monetary, property or a benefit. Anything that is allowed to be a price is allowed to be a recompense, whether it was a commodity or a benefit, on condition that it is known; but if it was unknown it would be invalid. So if a person was hired to reap a harvest for a part of the reaped harvest as a wage it is not allowed because the wage is unknown. While if He is hired for one Sa’a (a cubic measure) or two, it is allowed. The worker is allowed to be hired also for his food and clothing, or can be given a wage together with his food and clothing, because this is allowed in the case of the woman who suckles the infant. Allah (swt) said:
“Wajibi ne a kan uban yaron ya ciyar da mahaifiyar da kuma ya tufatar da ita, da kuma ya kula da ita, bisa ga abin da ya dace” [Al-Baqarah: 233]. Don haka suna da hakkin samun abincinsu da tufafinsu a matsayin ijara saboda shayarwa. Idan wannan halal ne a game da mai shayarwa, to hakan yana halal a sauran lamura, domin dukkan irin wadannan lamura ana ɗaukarsu a matsayin al'amuran hayar aiki.
“The duty of feeding and clothing and nursing mothers in a seemly manner is upon the father of the child” [Al-Baqarah: 233] So they were entitled to their provision and clothing as a wage for suckling. If this was allowed in the case of the nursing mother then it is allowed in other cases because such cases are all considered as questions of hiring.
A takaice dai, ya kamata a bayyana ijara ta yadda za a cire duk wani rashin sani game da ita, domin a cika ta ba tare da jayayya ba, saboda dukkan kwangiloli an kafa su ne asali don cire sabani tsakanin mutane. Kafin fara aiki, dole ne a amince da ijara, kuma ana kyamar (Makruh) a yi amfani da ma'aikaci kafin a yi yarjejeniya da shi game da ijararsa. Idan an yi kwangilar aiki, ma'aikaci yana mallakar ijararsa ta karfin kwangilar, amma ba wajibi ba ne a ba shi ita sai an gama aikin. Bayan haka, ya kamata a ba shi nan take, saboda fadin Manzon Allah ﷺ: "Akwai mutum uku da zan zama abokin gābansu a Ranar Alkiyama: mutumin da ya bayar da alkawari da sunana sannan ya ci amana, mutumin da ya sayar da mutum 'yantacce ya cinye kudinsa, da mutumin da ya dauki ma'aikaci aiki, ma'aikacin ya cika aikin masa gaba daya, amma bai ba shi ijararsa ba," wanda Bukhari ya ruwaito daga Abu Hurairah. Amma idan akwai sharadin jinkirta ijara, to sai a jinkirta ta zuwa lokacin da aka kayyade. Idan sharadin ya nuna cewa ijara ana biyan ta kashi-kashi kullum, ko kowane wata, ko kasa da haka, ko fiye da haka, to lokacin da aka kayyade shi ne wanda bangarorin biyu suka amince da shi. Ba wajibi ba ne mai daukar aiki ya amfana da aikin gaba daya ba, ya isa ma'aikaci ya sanya kansa a shirye don a yi amfani da shi, ta yadda ijara za ta zama wajibi a kan mai daukar aiki. Saboda haka, idan mutum ya dauki ma'aikacin gida domin ya yi masa hidima a gidansa, ma'aikacin ya zo gidansu ya sanya kansa a hannun mai aiki, to ya cancanci ijara a karshen lokacin da za a iya amfani da shi a cikinsa. Ko da yake kwangilar ta shafi wani aiki da mai aiki bai karbi cikakkensa ba, wannan ya isa ma'aikaci ya cancanci ijara, domin rashin cikarsa yana daga bangaren mai aiki ba na ma'aikaci ba. However, for the common employee (al-ajir al-mushtarak), if he was employed to work on a certain thing, then he would either do it while the item remains under his control, like the painter who paints in his own shop and the tailor who works in his own shop. So his responsibility for the work does not end until he has handed it back to the client, and he does not deserve his wage until he has handed it over after completion. This is because the thing contracted upon is under his control, and he is not cleared of responsibility until he hands it over to the client. Likewise, the work may be contracted to be done within the domain of the employer. For example, if the employer brought the tailor or the painter to his house to sew or paint for him, then the employee is cleared of responsibility for the work and deserves his wage once he has finished it, because he was under the authority of the employer, and so the work was handed over immediately.
In short, the wage should be defined in a manner that removes any ignorance about it, so that it can be duly fulfilled without dispute, because all contracts are originally laid down to remove disputes among people. Before starting the work, the wage has to be agreed upon, and it is disliked (Makruh) to use a worker before agreeing with Him over his wage. If the hiring over a work was contracted, the worker is appropriated the wage by the force of the contract, but it is not obligatory to hand it over to Him until the work is finished. Thereafter, it should be immediately handed over to him, due to the saying of the Prophet (pbuh) (pbuh): “There are three persons of whom I am their opponent on the Day of Judgement: A man who gave (a word) in my name then He deceived, a man who sold a free person and devoured his price, and a man who hired a worker where He received (the work) from Him in full and did not give Him his wage”, narrated by Bukhari from Abu Hurairah. But if there was a condition to delay the wage, then it should be delayed to its fixed time. If the condition states that the wage is in instalments daily, monthly, or less, or more than that, then the fixed time is that which the two parties agreed upon. It is not necessary that the employer actually receives the benefit in full, rather it is enough that the worker makes himself available to be used, so that the wage becomes due from the employer. So, if a person hired a private worker to serve Him in his house, and the worker came to their house and put himself at his disposal, then He deserves the wage by the end of the time period in which He could have been used by the employer. Even though the contract is for a service which may not have been fully received by the employer, enabling the employer to receive it even if He did not, this is enough for the worker to deserve the wage. This is because the shortcoming is from the side of the employer rather than the employee. However, for the common employee, if He was employed to work on a certain thing, then He would either do it while it is kept under his authority, like the painter who paints in his own shop, and the tailor who works in his own shop. So his responsibility to do the work will not finish until He has handed it back to the client, and He does not deserve his wage until He has handed it over after completion. This is because the thing contracted upon is under his authority, and He would not be cleared of responsibility until He hands it over to the client. Likewise, the work may be contracted to be done within the domain of the employer, for example if the employer brought the tailor or the painter to his house to sew or paint for him, then the employee would be cleared of the responsibility of the work and deserve his wage once He had finished it, because He was under the authority of the employer, and thus the work was handed over immediately.