5.1 作品的定义
5.1 Definition of the Work
雇佣是指利用所雇之物的益处。就雇工而言,雇佣即是利用其劳力。雇用工人时,必须明确工作内容、工作期限、工资和所付出的劳力。工作必须予以明确,以免成为不明之事,因为基于不明工作的雇佣是无效的(Fasid)。还必须明确工作期限,如按日、按月或按年计算。同样,工人的工资也必须明确。伊本·马斯欧德说:先知ﷺ说:"若你们中有人雇用了工人,就应当告知他的工资。"还必须明确工人所需付出的劳力。因此,不允许要求工人做超出其能力范围的工作。安拉(SWT)说:
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:
"安拉不会让任何人承受超出其能力范围的负担。"[白格拉:286],
“Allah burdens not a person beyond his scope.” [Al-Baqarah: 286],
先知(愿主赐福并使他平安)说:"我若命令你们做某事,你们就尽力去做。"这段圣训由布哈里和穆斯林从艾布·胡莱赖(愿主喜悦他)处传述。工人不应被要求承担超出其一般能力范围的劳累。由于劳累无法用真实的尺度来衡量,规定每天的工作时长便是最恰当的衡量方式。此外,还必须界定工作的类型,例如挖掘坚硬或松软的土壤、锻造金属或切割石料。这些也决定了劳累的程度。因此,工作应通过说明其类型、时长、工资和所付出的劳累来加以界定。 当伊斯兰教法允许雇佣工人时,它也规定了以工作类型、时长、工资和劳累来界定其工作的方式。工人因完成工作而获得的工资,是他因付出劳动而所得的财产。
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.