简言之,工资应当以消除其中一切不明确之处的方式加以规定,使其能够毫无争议地履行,因为所有契约原本就是为了消除人们之间的纠纷而订立的。开始工作之前,工资必须事先约定;在未就工资与其达成一致之前便雇用工人,是被厌恶的(Makruh)。若雇用于某项工作的契约已经订立,工人依契约的效力即应得到工资,但在工作完成之前,并无义务将工资交付给他。此后,应立即将工资交付给他,依据先知(愿主福安之)所言:“审判日我将与三种人为敌:以我的名义许诺而后背信的人;出卖自由人并吞食其价款的人;雇用工人、已从其处足额取得劳力却不付给其工资的人。”此段圣训由布哈里据艾布·胡莱赖传述。但如果附有延迟支付工资的条件,则应延迟至其约定的时限。如果条件规定工资按每日、每月或更短或更长的期限分期支付,则约定的时限即为双方所同意的时间。雇主并不一定要实际、完整地获得其益处,只要工人使自己随时可供使用,工资便因此对雇主而言成为应付之款。因此,若有人雇用一名私人工人在其家中服务,工人来到其家中并将自己置于其支配之下,那么,在雇主本可以使用他的期限结束时,他便应得工资。即便契约所约定的服务,雇主可能并未完全获得,只要雇主能够获得这项服务,即便他实际没有使用,这已足以使工人应得工资。这是因为缺失的一方在于雇主,而非雇工。 然而,对于普通的雇员而言,如果他受雇做某件事,那么他要么是在该物品处于自己掌控之下时进行工作,例如在自己店铺里作画的画家,以及在自己店铺里工作的裁缝。因此,在将成品交还给委托人之前,他的工作责任并未结束;在完工并交付之后,他才应得到报酬。这是因为所约定的物品处于他的掌控之下,直到他把它交还给委托人,他才能免除责任。同样,工作也可能约定在雇主的领域内完成,例如雇主把裁缝或画家请到自己家里为他缝制或作画,那么雇员一旦完成工作,就免除了责任并应得到报酬,因为他处于雇主的掌控之下,因而工作即刻被交付。
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.