Ijaraning ta'rifi: u mehnat mevasi uchun mukofotni belgilaydigan shartnoma bo'lib, foydaning ish beruvchi to'liq qabul qila oladigan narsa ekanligini ko'zda tutadi. Bu shuni anglatadiki, ish beruvchi xizmatchidan to'liq foyda ola oladigan har qanday manfaat uchun ijara ruxsat etiladi. Bu manfaat xizmatkor kabi shaxsning manfaati bo'lishi yoki hunarmandning ishidan olinadigan manfaat bo'lishi mumkin, agar bunday foydani taqiqlovchi ilohiy dalil zikr etilmagan bo'lsa. Chunki narsalar asli mubah bo'lib, manfaat ham shu narsalardandir. Bu yerda ijarani Shar'iy jihatdan asli cheklanishi kerak bo'lgan shartnoma yoki muomala deb aytish noto'g'ri. Bu noto'g'ri, chunki shartnoma ijaraning o'zi bo'lib, manfaat emas. Manfaat esa muomala qilinadigan va shartnoma qo'llanadigan narsadir, shuning uchun manfaat o'zi muomala yoki shartnoma emas. Demak, ular haqida taqiqlash zikr etilmagan har qanday manfaatda ijara ruxsat etiladi, ularga oid matn ruxsat bersa ham, bermasa ham. Shu sababli, odam ma'lum haq evaziga ma'lum sahifalarni yozuv mashinkasida terib berish uchun erkak yoki ayolni yollashi mumkin, chunki bu taqiqlanmagan manfaat ustidagi ijaradir. Shuning uchun unda ijara ruxsat etiladi, garchi uni ruxsat etuvchi matn zikr etilmagan bo'lsa ham. Ma'lum vaqt ichida ma'lum ishni o'lchash va tortish uchun odamni yollash ham ruxsat etiladi. Abu Dovud Suvayd ibn Qays hadisida rivoyat qiladi, u dedi: "Payg'ambar ﷺ bizning oldimizga (bozorda) keldilar, bizdan narsa sotib oldilar va biz ularga sotdik. Haq evaziga tortib beradigan bir kishi ham bor edi. Shunda Payg'ambar ﷺ dedilar: 'O'lchang va tarozini og'diring'." Demak, bu ijara ruxsat etiladi va uni ruxsat etuvchi matn ham bor. Ammo ibodatlarga kelsak, ular farz bo'lsin yoki nafl bo'lsin, ularni alohida tekshirib ko'rish kerak. Agar ularning foydasi ibodat qilgan shaxsning o‘ziga qaytmasa, masalan, o‘zi uchun haj qilish yoki o‘z zakotini berish kabi, unda u bunga ijara haqi olishi joiz emas, chunki ijara haqi foydaga qarshi to‘lovdir, bu ishlarda esa foyda faqat o‘zigagina tegishli. Shunga ko‘ra, bunday ishlarga yollash joiz emas, chunki ular unga farzdir. Ammo ibodatning foydasi uni bajaruvchidan o‘tib boshqalarga ham yetsa, unda bunga yollash joiz bo‘ladi. Masalan, boshqalar uchun azon aytish, boshqalarga imomlik qilish, yoki vafot etgan kishi nomidan haj qilish yoki uning nomidan zakot berish uchun kishini yollash. Bularning barchasi joiz, chunki bu foyda evaziga tuzilgan shartnomadir. Bunday hollarda berilayotgan haq boshqa shaxs tomonidan amalga oshirilgan foydaning evaziga bo‘lgani uchun yollash joiz bo‘ladi. At-Tirmiziy Usmon ibn Abul-Os (roziyallohu anhu)dan rivoyat qilgan hadisga kelsak, u aytadi: “Payg‘ambar ﷺ menga oxirgi buyurganlari: azon aytishi uchun azon aytganiga haq olmaydigan muazzinni tayinla”, degan. Ushbu hadisda Payg‘ambar ﷺ o‘zi uchun azon aytadigan muazzin sifatida haq oladigan kishini tayinlashni man qildilar, ammo muazzinlarning haq olishini man qilmadilar. Bu shuni ko‘rsatadiki, haq oladigan muazzinlar ham, haq olmaydigan muazzinlar ham bor. Shuning uchun Payg‘ambar ﷺ haq oladigan kishilardan muazzin tayinlashdan qaytardilar. Bu taqiq azon uchun haq olishdan yiroqlikni bildiradi, bu esa azon uchun haq olishning makruh ekanligini anglatadi. Biroq bu azon uchun haq olishning harom ekanligini bildirmaydi; balki bu joiz, ammo makruh ekanini ko‘rsatadi.

The definition of hiring as a contract stipulating the recompense for the fruits of labour, and stipulating that the benefit is something the employer can receive fully, leads us to understand that hiring is allowed for every benefit which the employer can receive from the employee fully. This could be the benefit of a person like a servant or the benefit of the work of a craftsman, unless a divine evidence has been mentioned that prohibits such benefit. This is because things are originally allowed and benefit is one of those things. It is untrue to say here that this is a contract or a transaction which should be originally restricted by Shar’a rather than allowed. This is untrue because the contract is the hiring itself, not the benefit. The benefit is the matter over which the transaction is concluded and over which the contract is applied, and thus the benefit is not a transaction or a contract. Therefore, hiring is allowed over all benefits when there is no prohibition mentioned regarding them, whether there is a text allowing them or not. So the person is allowed to hire a man or a woman to type for Him on a typewriter, certain pages for a certain wage because this is a hiring over a benefit for which no prohibition is mentioned. So hiring over it is allowed, even though there was no mention of a text to allow it. It is also allowed to hire a person who measures and weighs for a certain work in a certain time-period. Abu Dawud narrated in the hadith of Suwaid ibn Qais, who said: “The Prophet (pbuh) (pbuh) came to us (in the market) and He bartered with us and we sold to him. And there was a man who was weighing for a wage. The Prophet (pbuh) (pbuh) then said: ‘Measure and out-weigh (the scale of balance).’” So this hiring is allowed and there is a text that allows it. But as for the worships, whether they are Fard or Nafilah, they have to be examined. If their benefit does not extend to other than the person who performs them, such as performing the pilgrimage for himself, and paying his own Zakat, then He is not allowed to receive a wage for it because the wage is a recompense for a benefit and there is no benefit in these matters for other than himself. Accordingly, hiring Him on these matters is not allowed, because they are Fard upon him. But if the benefit of the worship goes beyond the one who performs it, then hiring over it is allowed. Examples include making Adhan for others and leading the others in prayer or hiring a person to perform Hajj on behalf of a dead person or a person to pay his Zakat on his behalf. All these things are allowed because it is a contract over a benefit for recompense. The wage in these matters is recompense for benefit, which was accomplished by another person, so the hiring was allowed. In regard of what At-Tirmidhi narrated from Uthman ibn Aby al A’as, He said: “The last thing the Prophet (pbuh) commanded me to do is to use a Muadhin (caller to prayer) who does not take a wage for performing his adhan.” In this Hadith the Prophet (pbuh) forbade using the Muadhin who takes a wage as a Muadhin for him, but He did not forbid the Muadhins from taking a wage. This indicates that there are Muadhins who take a wage and others who do not take a wage. So the Prophet (pbuh) (pbuh) forbade Him from taking a Muadhin from those who take a wage. This prohibition indicates alienation from taking a wage over Adhan, which implies the dislike of taking a wage over Adhan. However, this does not indicate the prohibition of taking a wage over Adhan; rather it indicates that it is allowed but with dislike.

Ta'lim sohasiga kelsak, inson o'z farzandlari yoki o'zi uchun, yoki xohlagan har kimni o'rgatish uchun o'qituvchi yollashi mumkin. Bunga sabab shuki, ta'lim mubah foydadir, uning evaziga haq olish joiz, shuning uchun uni yollash ham joizdir. Shar'at Qur'on o'rgatish uchun haq olishni joiz qilgan, demak, Qur'ondan boshqa narsani o'rgatish uchun haq olish undan ham ko'proq joizdir. Imom Bukhoriy Ibn Abbosdan rivoyat qilishicha, u Payg'ambar ﷺ dan, u Allohdan (SWT) shunday degani haqida naql qilgan: "Haq olishga eng loyiq narsa Allohning Kitobidir." Imom Bukhoriy yana Sahl ibn Sa'd as-Sa'idiydan rivoyat qilgan: Payg'ambar ﷺ bir ayolni bir erkakka, u Qur'ondan bilgan narsasi, ya'ni unga Qur'ondan o'rgatgan narsasi evaziga nikohladilar. Shuningdek, sahobalarning ittifoqi bor: ta'lim uchun Bayt ul-Mol hisobidan rizq olish joiz, demak, uning evaziga haq olish ham joizdir.

With regards to education, a person is allowed to hire a teacher to teach his children or himself or to teach anyone He likes. This is because, teaching is an allowed (Mubah) benefit, for which it is allowed to take recompense for, so hiring for it is allowed. And Shar’a has allowed taking a wage for teaching the Qur’an, so taking a wage for teaching other than the Qur’an is allowed by greater reason. Bukhari narrated from ibn Abbas from the Prophet (pbuh) of Allah (swt) that He said: “The most worthy thing to take a wage for is the Book of Allah.” Bukhari also narrated from Sahl ibn Sa’ad As-Sa’idi that the Prophet (pbuh) married off a woman to a man for what He knew of the Qur’an i.e. to teach her what He knew of the Qur’an. There was a consensus of the companions as well that it is allowed to take a provision from Bait ul- Mal for teaching; therefore it is allowed to take a wage for it.

Ibn Abu Shayba narrated from Sadaqa al-Dimashqi, from al-Walid ibn 'Ata', that he said: "There were three teachers in Madinah who used to teach the youngsters, and 'Umar ibn al-Khattab used to provide each one of them with fifteen (Dinars) every month." All of this indicates that taking a wage for teaching is permissible. As for the ahadith that came in this regard to discourage taking a wage, they were aimed at discouraging taking a wage for teaching the Qur'an, rather than denying the hiring of people to teach it. They all indicate the dislike of taking a wage for teaching the Qur'an, rather than forbidding the hiring to teach it. Disliking the taking of a wage does not deny its permissibility, so it is disliked to take a wage for teaching the Qur'an, yet it is permissible to hire people for doing so.

It was narrated from Ibn Aby Sheeba from Sadaqa al-Dimashqi from Al-Wadhiya ibn’ Ata’a, that He said: “There were three teachers in Madinah who used to teach the youngsters, and ‘Umar ibn Al-Khattab used to provide every one of them with fifteen (Dinars) every month.” All of this indicates that taking a wage for teaching is allowed. With respect to the Ahadith which came in this regard to discourage taking a wage, they were focused on discouraging the taking of a wage for teaching the Qur’an, rather than denying the hire of people to teach it. They all indicate the dislike of taking a wage for teaching the Qur’an, rather than forbid the hiring to teach it. Dislike of taking the wage does not deny its permissibility, so it is disliked to take a wage for teaching Qur’an, yet it is allowed to hire people for doing so.

Shifokorni yollash borasida, bu ish yollovchi uchun foyda keltiradigan narsani o‘z ichiga olgani sababli ruxsat etilgan, ammo uni davolash uchun yollash joiz emas, chunki bu noma’lum narsa ustiga ijara tuzish bo‘lar edi. Shifokorni bemorni tekshirish uchun yollash joiz, chunki bu ma’lum foyda bo‘ladi; shifokorni ma’lum kunlar davomida bemorga xizmat qilish uchun yollash ham joiz, chunki bu aniq belgilangan ish hisoblanadi. Shifokorni bemorni davolash uchun yollash ham joiz, chunki uning davolashi noma’lumlikni yo‘qotadigan darajada ma’lum bo‘ladi, hatto kasallikning turi noma’lum bo‘lsa ham, chunki bemorning kasal ekani ma’lum bo‘lishi kifoya qiladi.

Concerning the hiring of the doctor, it is allowed because it involves a benefit which the employer can receive, but it is not allowed to hire Him for curing, because that would be hiring over an unknown matter. It is allowed to hire the doctor for examining a patient because this would be a known benefit, and it is allowed to hire the doctor for serving the patient during certain days, as this would be a defined work. It is also allowed to hire the doctor to treat the patient, because his treatment is known in a manner that removes ignorance, even if the type of disease is not known, since it is enough for it to be known that the patient is sick.

Tabibni ijaraga olishning joiz ekanligi shu bilan isbotlanadiki, tibbiyot ish beruvchi oladigan foydadir, shuning uchun uning evaziga ijaraga olish mumkin. Shuningdek, aytilganki, Payg'ambar ﷺ tibbiy maqsadda ijaraga olishning ruxsat etilganiga ishora qilganlar. Buxoriy Anasdan rivoyat qiladi, u aytdi: "Payg'ambar ﷺ Abu Toyibani hijomat qilish uchun chaqirdilar, so'ng unga ikki sa' (hajm o'lchovi) taom berdilar va uning xo'jayiniga uning ishini yengillashtirishni tavsiya qildilar." O'sha paytda hijomat qilish odamlar davolanadigan tibbiy muolaja edi, shuning uchun uning uchun haq olish tabib xizmatini ijaraga olishning joizligini ko'rsatadi. Termiziy Rofi' ibn Xadijdan rivoyat qilgan Payg'ambar ﷺning "hijomatchining topgani xabiyth (nopok)dir" degan so'zlariga kelsak, bu hijomatchini ijaraga olishning man etilganiga dalolat qilmaydi. Balki bu hijomat qilish orqali topishning makruh ekanligini bildiradi; ammo u mubohdir, chunki Muslim Ma'dan ibn Abu Talhadan rivoyat qilgan hadisda Payg'ambar ﷺ sarimsoq va piyozni xabiyth deb ta'riflaganlar, holbuki ular joizdir. Bularning barchasi xizmati shaxsiy bo'lgan ishchi haqida.

The permissibility of the hiring of a doctor is established because medicine is a benefit which the employer can receive, so hiring over it is allowed. Also, it was mentioned that the Prophet (pbuh) indicated the allowance of hiring for medicine. Bukhari narrated from Anas that He said: “The Prophet (pbuh) called Abu Taeeba to cup/bleed (Ihtajama) Him then He gave Him two Sa’a (cubic measures) of food and He recommended to his master to reduce work on him.” Cupping at that time, was a medication with which people were treated, so taking a wage for doing it indicated the allowance of hiring a doctor. In regard of the saying of the Prophet (pbuh) which Tirmidhi narrated from Rafi’a ibn Khadeej that “the earning of the cupper is filthy (Khabeeth),” this does not indicate the forbiddance of hiring a cupper. Rather it indicates the dislike of earning by cupping, though it is Mubah (allowed) by the evidence that in the Hadith narrated by Muslim from M’adan ibn Aby Talha, the Prophet (pbuh) described garlic and onion as evil, though they are allowed. All this is in regard of the worker whose service is private.

Ammo umumiy manfaatga ega bo‘lgan xizmatchi haqida gap ketganda, uning xizmatlari davlat xalq uchun ta’minlashi lozim bo‘lgan manfaatlar jumlasiga kiradi. Buning sababi shundaki, manfaati alohida shaxslardan jamoaga o‘tadigan va jamoa unga muhtoj bo‘lgan har bir xizmat jamoat manfaatlariga kiradi. Bunday xizmatni Bayt ul-Mol barcha xalq uchun ta’minlashi lozim. Masalan, hokim xalq orasida ko‘rsatiladigan adolatli hukm uchun oylik asosida odam yollashi, yoki bo‘limlar va xizmatlar uchun xodimlar, shuningdek muazzinlar va imomlarni yollashi shular jumlasidandir. Xalqqa ta’minlash uchun davlat xodim yollashi lozim bo‘lgan xizmatlar orasida ta’lim va tibbiyot ham bor. Ta’lim borasida gap shundaki, sahobalarning ijmosi bilan o‘qituvchilarga Bayt ul-Moldan ma’lum miqdorda ta’minot, ya’ni maosh berilgan. Shuningdek, Payg‘ambar ﷺ mushriklar asirlarining fidyasini o‘n nafar musulmon bolasini o‘qitish deb belgilagan, holbuki bu fidya barcha musulmonlarga tegishli bo‘lgan o‘ljalardandir. Tibbiyot borasida esa, Payg‘ambar ﷺ ga bir shifokor sovg‘a qilingan va u shifokorni musulmonlarga tayinlagan. Rasulullohning ﷺ sovg‘ani qabul qilib, uni o‘zi uchun sarflamagani va olmagani, balki musulmonlar uchun tayinlagani, bu sovg‘aning musulmon jamoasiga tegishli ekanligining dalilidir. Payg‘ambar ﷺ sovg‘a olgach, uni barcha musulmonlar uchun qo‘ygani, bu narsaning musulmon jamoasiga tegishli ekanligini ko‘rsatadi. Shunday ekan, shifokor va o‘qituvchilarga ta’minot berish Bayt ul-Moldan amalga oshiriladi. Shu bilan birga, shaxsning o‘zi shifokorni ham, o‘qituvchini ham yollashi mumkin. Biroq davlat tibbiyot va ta’limni barcha fuqarolar uchun ta’minlashga majburdir, musulmon bilan zimmiy o‘rtasida yoki boy bilan kambag‘al o‘rtasida hech qanday farq qilmasdan. Bu, azon va sud ishi kabi, foydasi shaxsning o‘zidan ham ortiq bo‘lgan va odamlarga zarur bo‘lgan ishlardandir; shuning uchun ular barcha fuqarolar uchun ta’minlanishi lozim bo‘lgan jamoat xizmatlaridandir va Bayt ul-Mol ularni ta’minlashi shart.

But regarding the worker whose benefit is common, his services are considered to be of the interests which the State has to supply for the people. This is because every service whose benefit goes beyond the individuals to the community, and the community was in need of it, then this service would be of the public interests which the Bait ul-Mal has to make available for all of the people. An example of that is when the ruler hires a person to judge among the people on a monthly basis, or such as the hiring of employees for departments and services, and the hiring of Muadhins and Imams. Amongst the services for which the State has to hire employees in order to provide for the people are education and medicine. In regard to education this is the case, due to the consensus (Ijma’a) of the companions on giving provision to the teachers by a particular amount as a wage for them from the Bait ul-Mal. Also because the Prophet (pbuh) assigned the ransom of the captives (of Mushriks) as being to teach ten Muslim children, while this ransom was of the booties which are property belonging to all the Muslims. In regard to medicine, this is because the Prophet (pbuh) was given a doctor as a gift to him, whom He assigned to the Muslims. The fact that the Messenger received the gift and did not dispose of it, nor take it, but rather assigned it for the Muslims, is an evidence that this gift belongs to the Muslim public, and not to him. Since the Prophet (pbuh) had received a gift and He put it for all the Muslims, this indicates it is one of the things which belongs to the Muslim public. Therefore, giving provisions to the doctors and teachers is from the Bait ul-Mal. Nonetheless, the individual himself is allowed to hire a doctor and hire a teacher. But the State is obliged to make medicine and education available for all citizens, with no difference between the Muslim and the Dhimmi or between the rich and the poor. This is because these are like the Adhan and the judiciary, which are of the matters whose benefit extends beyond the one himself, and the people need them; so they are of the public services which have to be made available for all citizens, and the Bait ul-Mal has to secure them.