5.6 关于以禁止的利益作为雇佣报酬的裁定
5.6 The Ruling Regarding Hiring Over Prohibited Benefits
为了使雇佣合法有效,所获取的利益本身必须是允许的(Halal)。因此,不得雇佣某人去做被禁止的事情。据此,不得雇佣工人去为购买酒的人运酒,或去榨酒。也不得雇佣他去运送猪或腐肉。at-Tirmidhi 引述安那斯·本·马立克的话说:“真主的使者(ﷺ)诅咒了与酒有关的十种人:榨酒者、请人为其榨酒的人、饮酒者、运酒者、被运送酒的人、倒酒者、卖酒者、为其卖酒的人、买酒者,以及为其买酒的人。” 雇佣从事任何高利贷业务的工作也是不允许的,因为这属于以被禁止的利益进行雇佣。Ibn Majah 引述伊本·麦斯欧德的话说:先知(ﷺ)诅咒了收取高利的人、他的代理人、高利贷的两名见证人以及其书记(文书)。银行和铸币部门的员工以及所有涉及高利贷的机构,都必须加以审查。如果他们受雇所做的工作是高利贷业务的一部分,无论高利贷是否仅由该工作产生,还是与其他因素共同产生,穆斯林都不得从事此类工作。这包括经理、会计和审计人员,以及任何直接或间接与高利贷相关并从中获益的工作。但是,与高利贷没有直接或间接关联的工作,例如搬运工、保安、清洁工等,则是允许的,因为这类工作是以合法的利益进行雇佣,而且对高利贷的书记和见证人所适用的规定,并不适用于他们。 与银行职员类似的是那些参与高利贷交易的政府雇员,例如负责为农民办理有利息贷款的工作人员、从事高利贷相关事务的财政部门职员,以及以有息方式出借财产的孤儿事务部门职员。所有这些都是被禁止的工作;凡参与其中的人都在犯下大罪,因为这同样适用于那些记录或见证高利贷的人。同样,穆斯林从事任何被真主(SWT)禁止的工作也是不允许的。
In order that hiring be legally valid, the benefit must be permitted (Halal) in nature. So the employee should not be hired for doing something which is prohibited. Accordingly a worker should not be hired to carry alcohol to one who buys it, or to press it. Nor should He be hired to carry pigs or carrion. At-Tirmidhi narrated from Anas ibn Malik, who said: “The Messenger of Allah (pbuh) cursed ten types of people regarding alcohol: its presser, the one who asks for it to be pressed, its drinker, its carrier, the one to whom it is carried, the one who serves it, its seller, the one for whom it is sold, its purchaser and the one for whom it is purchased.” Hiring is also not allowed over any work of usury, because it is a hiring over a prohibited benefit, and because ibn Majah narrated from ibn Mas’oud that the Prophet (pbuh) (pbuh) cursed the one who takes usury, his agent, its two witnesses and its recorder (clerk). The employees of banks and coinage (minting) departments and all the organisations that deal with usury have to be examined. If the work they were hired to do is a part of the usury work, whether the usury is the product of that work exclusively, or whether it is produced by that work along with others, Muslims are prohibited to perform such works. This includes the manager, accountants and auditors and every work that provides a benefit connected with usury, directly or indirectly. But the works that are not connected with usury directly or indirectly, such as the porter, the guard, the cleaner and the like, these works are allowed, because such work is hiring on an allowed benefit, and because what applies on the recorder and the witnesses of usury, does not apply to them. Similar to the employees of banks are government employees who are involved in deals with usury, such as employees who work in preparing loans with interest to farmers, and Treasury employees who are involved in usury works, and the employees of the orphans departments which lend property with interest. All these are prohibited jobs; anyone who is involved with them is committing a great sin, because it applies to Him since He is the recorder or the one who witnesses usury. Similarly it is prohibited upon a Muslim to engage in any work prohibited by Allah (swt).
关于那些利润或参与被禁止的工作——因其在教法上无效而被禁止的,例如保险公司、股份有限公司、合作社及类似机构——必须加以审查。如果雇员所从事的工作是非法的,或属于无效(Batil)或有瑕疵(Fasid)的合同,或由此产生的,穆斯林则不得从事该工作,因为穆斯林不得处理无效或有瑕疵的合同,也不得处理由其产生的行为。他不得处理任何与教法裁决(Hukm Shar'i)相违背的合同或行为,因此,为参与其中而受雇是被禁止的。例如:记录保险合同的雇员(尽管他厌恶这些合同)、协商保险条款的雇员,或接受保险的雇员。同样的情况还包括:按成员股份分配合作社利润的雇员、出售公司股份或从事股票账目工作的雇员,以及为合作社及类似机构做广告的雇员。凡工作在法律上允许从事的公司雇员,都可以被聘任于此类职位。
With regard to the work, whose profit or association in it, is prohibited because it is legally invalid such as insurance companies, share holding companies and co-operative associations and the like, they have to be examined. If the work that the employee performs is illegal, or it is of an invalid (Batil) or defective (Fasid) contract, or results from them, a Muslim is not allowed to handle it, because a Muslim is not allowed to deal with invalid or defective contracts or with the actions which result from them. He is not allowed to deal with any contract or action which disagrees with the Hukm Shar’i (divine rule), so it is prohibited for Him to be hired for involving in them. This is like the employee who records insurance contracts though He dislikes them, the one who negotiates the insurance terms, or the one who accepts the insurance. Similarly is the case of the employee who distributes the profit of the co-operative associations according to the member holdings, the employee who sells company shares or who works in share stock accounting, and also the employee who advertises for the co-operative associations and the like. All employees of companies, whose work is legally allowed to be performed, are allowed to be employed in such positions.
如果一个人在法律上不允许为自己从事某项工作,那么他也不允许受雇去做这项工作,也不允许被雇用去做它。因此,对于被禁止从事的行为,穆斯林既不得雇用他人去做,也不得自己受雇去做。
If a person is not legally allowed to perform a work for himself then He is not allowed to be an employee to do it, and He is not allowed to be hired to do it. So actions which are prohibited to be conducted, the Muslim is prohibited from hiring others to it or to be hired, himself, to do them.