将雇佣定义为一种契约，规定以劳动成果作为报酬，并规定所得利益是雇主能够完整获得的东西，这使我们理解：凡是雇主能够从雇员身上完整获得的利益，雇佣都是允许的。这种利益可以是仆人这类人的利益，也可以是工匠劳动的利益，除非有明确的经据禁止该利益。这是因为事物原本是被允许的，而利益正是其中之一。这里说这是一种应当由沙里亚原本加以限制而非允许的契约或交易，是不成立的。因为契约本身是雇佣，而不是利益。利益是交易所针对的标的，是契约所作用的对象，因此利益本身并不是交易或契约。所以，凡是没有提到禁止的利益，雇佣都是允许的，无论是否有文本明确允许。因此，一个人可以雇用男子或女子，用打字机为他在一定工资下打印某些页面，因为这是对一种没有提到禁止的利益所进行的雇佣，所以对它进行雇佣是允许的，即便没有文本明确允许。同样，雇用一个人在一定时间内为某项工作进行称量和衡量，也是允许的。艾布·达五德在苏维德·本·盖斯的圣训中转述说，他道：“先知ﷺ来到我们这里（在市场上），他与我们交易，我们把货卖给他。当时有一个人在为工资而称量。先知ﷺ便说：‘你要称量，并且要加重（天平的秤盘）。’”因此，这种雇佣是允许的，并且有文本允许它。至于功修，无论是天命的（Fard）还是拟制的（Nafilah），则需要加以审查。 如果这些功修的益处不及于行者本人之外的人，例如自己朝觐、为自己缴纳天课，那么他不得因此收取报酬，因为报酬是对利益的回报，而这些事务的益处仅归于自己。因此，雇人从事这些事务是不允许的，因为它们是他的主命义务。但如果功修的益处超出了行者本人，那么就可以为之雇人。例如为他人唱宣礼、带领他人礼拜，或雇人代亡人朝觐、代他人缴纳天课。所有这些都是允许的，因为这是一项以利益为对象、以报酬为回报的契约。这些事务中的报酬是对利益的回报，而该利益是由他人完成的，所以雇佣是允许的。 至于提尔米兹所传述的、来自乌斯曼·本·艾布·阿斯的圣训，他说：“先知ﷺ最后吩咐我的事是：选用一位不为宣礼收取报酬的穆安津。”在这段圣训中，先知ﷺ禁止选用为宣礼收取报酬的穆安津，但他并没有禁止穆安津收取报酬。这表明有收取报酬的穆安津，也有不收取报酬的穆安津。因此，先知ﷺ禁止他选用那些收取报酬的穆安津。这种禁止表明对宣礼收取报酬是一种疏远的态度，意味着厌恶为宣礼收取报酬。然而，这并不表示禁止为宣礼收取报酬；而是表示它是允许的，但是被厌恶的。

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.

关于教育，一个人有权雇请教师来教导他的孩子、他自己，或他所喜欢的任何人。这是因为，教学是一种被允许（Mubah）的利益，既然可以因此收取报酬，那么为此雇请教师也是允许的。沙里尔（Shar'a）既然允许为教授《古兰经》收取报酬，那么为教授《古兰经》以外的知识收取报酬，更是理所当然地允许。布哈里（Bukhari）从伊本·阿拔斯（ibn Abbas）处转述，先知ﷺ说，安拉（SWT）曾说：“最值得收取报酬的事物是安拉的经典。”布哈里还从萨赫勒·伊本·萨阿德·阿勒-萨瓦迪（Sahl ibn Sa'ad As-Sa'idi）处转述，先知ﷺ曾将一名妇女嫁给一名男子，条件是他要教她他所知道的《古兰经》，即教她他所知的《古兰经》内容。此外，众门徒也一致认为，可以从公库（Bait ul-Mal）中领取教学的生活津贴；因此，为教学收取报酬也是允许的。

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.

据传，伊本·艾布·舍白传自萨达卡·达马什基，后者传自瓦迪耶·伊本·阿塔，他说："麦地那有三位教师教导少年，欧麦尔·伊本·哈塔卜每月给他们每人十五第纳尔。"所有这些都表明，因教学而取酬是允许的。至于就此而来、劝阻收取报酬的圣训，它们针对的是对教授《古兰经》收取报酬的劝阻，而非否认雇人教授它。它们都表明的是不喜欢因教授《古兰经》而取酬，而不是禁止雇人教授。不喜欢取酬并不否定其合法性，所以因教授《古兰经》而取酬是被憎恶的，但雇人从事此事是允许的。

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.

关于聘请医生的问题，这是允许的，因为它涉及雇主可以获得的利益；但不允许为了治愈而聘请他，因为那样就是在一件不确定的事情上进行雇佣。允许聘请医生来为病人检查，因为这是一项确定的利益；也允许在某些日子里聘请医生为病人服务，因为这是一项有明确界定的工作。此外，允许聘请医生为病人诊治，因为他的治疗是以能够消除无知的方式为人所知的，即使疾病的种类不清楚，因为只要知道病人患病就已足够。

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.

雇佣医生的合法性是确定的，因为医疗是雇主可以获得的一种益处，因此为此而雇佣是允许的。另外，有提到先知ﷺ曾表明为医疗而雇佣是允许的。布哈里从艾奈斯传述，他说："先知ﷺ召唤艾布·泰伊巴为他拔罐（放血），然后他给了他两萨阿（容量单位）的食物，并嘱咐他的主人减轻对他的劳作。"当时拔罐是人们用来治疗的一种医疗手段，因此为此收取报酬表明了雇佣医生是允许的。至于提尔米济从拉菲尔·本·哈迪季所传的先知ﷺ的话："拔罐者的收入是污秽的（Khabeeth）"，这并不表示禁止雇佣拔罐者。它只是表明对靠拔罐谋生的厌恶，而根据穆斯林从穆阿丹·本·阿比·塔勒哈所传的圣训，先知ﷺ将大蒜和洋葱描述为恶劣的（Khabeeth），尽管它们是被允许的，这一证据说明此类厌恶并不等同于禁止。以上所述都是针对提供私人服务的雇工而言。

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.

至于其利益为公众共有的工作者，其服务被视为国家必须为民众提供的公共利益之一。这是因为，凡是服务的利益超出个人而及于整个社会，且社会需要此项服务，那么这项服务就属于公共利益，伯特·马尔（Bait ul-Mal）必须使其惠及所有民众。例如，统治者按月雇用一人为民众裁决纠纷，或为各部门和各项事务雇用员工，以及雇用穆安津和伊玛目，都属于此类。国家必须雇用人员以向民众提供的服务中，包括教育和医疗。 就教育而言，这是基于圣门弟子的一致意见（Ijma'a），即从伯特·马尔中为教师支付一定数额的薪俸。此外，先知ﷺ曾将俘虏（多神教徒的俘虏）的赎金规定为教授十名穆斯林儿童，而这笔赎金属于战利品，是全体穆斯林共有的财产。 就医疗而言，这是因为先知ﷺ曾收到一位医生作为礼物，他便将其分配给穆斯林。使者接受了这份礼物，既不处置，也不据为己有，而是将其分配给穆斯林，这证明该礼物属于穆斯林大众，而非他个人所有。既然先知ﷺ接受礼物后将其用于所有穆斯林，这表明它属于穆斯林公共财产之一。因此，为医生和教师提供薪俸来自伯特·马尔。 当然，个人本身也可以自行聘请医生和教师。但国家有义务使医疗和教育惠及全体公民，不分穆斯林与受保护的非穆斯林（Dhimmi），也不分富人与穷人。 这是因为，像宣礼（адхан）和司法这类事务，其利益超出了个人自身，民众都需要它们；因此它们属于必须向所有公民提供的公共服务，而公库（Bait ul-Mal）有责任保障这些服务。

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.