30.2 报酬
30.2 The Wage
条件是,雇佣所用的钱财必须通过双方亲见或描述而为人所知,以免产生无知(不确定)。先知ﷺ说:
It is a condition that the money of the hiring be known via mutual sight or description which removes ignorance. He (saw) said:
“谁信仰真主和末日,就不应雇佣员工,直到他告知对方工资。”
“Whoever believes in Allah and the Last Day should not employ an employee until he informs him his wage.”
价值在工资中并不是一个条件,正如价值在已售商品的价格中也不是一个条件。价值与价格的区别在于:价值是与事物的货币价值相符的,并且根据估价者的衡量与之相等;而价格则是双方同意达成的数额,或高于、或低于该价值。雇员的工资与工作的价值相等并非条件,因为在雇佣中价值并不是可替代的标准,所以工资可以高于工作的价值,也可以低于工作的价值。 如果有人以已知的工资雇佣一名工人,让他将一块金子或银子打造成特定的样式,那么这是允许的,因为他是被雇来从事特定的工作,而工资与他在其中所加工的金银在重量上的等值并不是条件。这是因为工资的条件在于工作的交换,而不在于工作所作用的对象的交换。凡是适合在买卖中作为替代物的东西,如现金等,也就适合在雇佣中作为交换物(badal),即凡是适合作为价格的,也就适合作为工资。至于在买卖中不适合作为价格的东西,在雇佣中则允许作为交换物。例如,不允许以一头牲畜作为代价而换取在某房屋居住一年,但以一座花园(作为代价)换取在某房屋居住,却是有效的,因为买卖是财产与财产的交换,所以以财富换取利益不被视为买卖。而雇佣则是以利益作为报酬而订立的合同,这种报酬不一定必须是财富,也可以是一种利益。
Value, however, is not a condition in the wage just as value is not a condition in the price of a sold good. The distinction between the value and the price is that the value is what conforms to the monetary value of the thing, and is equal to it according to the measurement of those who measure. As for the price, this is that over which mutual consent occurs or greater or less (than that). It is not a condition that the wage of the employee be the value of the work because the value is not an alternative in the hiring so it is permitted for the wage to be more than the work’s value, and it is permitted to be less than the value of the work. If a person were to hire an employee for a known wage so as to mould for him a piece of gold or silver in a specific fashion, then it is permitted as he is hired for specific work and equivalence is not a condition between the wage and what he works within it from silver and gold in the weight. This is because the condition of the wage is the exchange of work, not the exchange of the domain of work which he performs. Whatever is suitable to be an alternative in sale like cash and the like is suitable to be an exchange (badal) in hiring i.e. whatever is suitable to be a price is suitable to be a wage. As for that which is not suitable to be a price in sale, it is permitted to be an exchange in hiring. For example, it is not permitted to buy an animal in return for residing in a house for a year, but it is valid to hire a garden (in exchange) for residing in a house because sale is exchanging property for property so exchanging wealth for benefit is not considered a sale. Contrary to hiring which is a contract upon a benefit for compensation, and this compensation need not necessarily be wealth but can rather be a benefit.