雇用とは、雇われた物の利益を利用することである。労働者に関しては、雇用とは彼の労力を利用することである。労働者を雇う際には、仕事の内容、勤務期間、賃金、そして労力を定めることが必要である。仕事は不明確にならないように定められなければならない。なぜなら、内容が不明な仕事に基づく雇用は無効(Fasid)だからである。また、日給、月給、年給など、勤務期間を定めることも必要である。同様に、労働者の賃金も定められなければならない。イブン・マスウードは次のように言った。預言者ﷺは言われた。「あなたがたのうち誰かが労働者を雇ったならば、その者に賃金を知らせなければならない。」また、労働者が費やすべき労力も定めることが必要である。したがって、労働者の能力を超える仕事を要求することは許されない。アッラー(SWT)は次のように仰せられた。

Hiring involves utilising the benefit of the hired thing. With regard to the worker, hiring is utilising his effort. It is necessary in hiring a worker, to define the work, the period of work, the wage and the effort. The work has to be defined so as not to become unknown, because hiring based on unknown work is invalid (Fasid). It is also necessary to define the period of work, such as daily, monthly or yearly. Similarly, the wage of the worker has to be defined. Ibn Mas’oud said: The Prophet (pbuh) (pbuh) said: “If any one of you employed a worker then He has to inform Him of his wage.” It is also necessary to define the effort that the worker has to expend. Accordingly it is not allowed to demand of the worker work that is beyond his capacity. Allah (swt) said:

「アッラーは、人にその能力を超える負担を課されない。」[アル＝バカラ：286]、

“Allah burdens not a person beyond his scope.” [Al-Baqarah: 286],

The Prophet ﷺ said: “If I commanded you of something, do of it as much as you can”, as narrated by Bukhari and Muslim from Abu Hurairah. The worker should not be asked to undertake effort except that which is within his ordinary capacity. As a real scale cannot measure effort, defining the number of working hours every day is the best possible measure. In addition the type of work has to be defined as well, such as digging hard or soft soil, forging a metal or cutting stones. This also determines the amount of effort. The work would have thus been defined by stating its type, duration, wage and the effort spent in it. When Shar’a allowed employing a worker, it laid out provision for defining his work in terms of the type, duration, wage and effort. The wage received by the worker, in return for his execution of the work, is the property He accrued as a result of the effort He spent.

The Prophet (pbuh) (pbuh) said: “If I commanded you of something, do of it as much as you can”, as narrated by Bukhari and Muslim from Abu Hurairah. The worker should not be asked to undertake effort except that which is within his ordinary capacity. As a real scale cannot measure effort, defining the number of working hours every day is the best possible measure. In addition the type of work has to be defined as well, such as digging hard or soft soil, forging a metal or cutting stones. This also determines the amount of effort. The work would have thus been defined by stating its type, duration, wage and the effort spent in it.When Shar’a allowed employing a worker, it laid out provision for defining his work in terms of the type, duration, wage and effort. The wage received by the worker, in return for his execution of the work, is the property He accrued as a result of the effort He spent.