30.5 支付工资
30.5 Paying The Wage
允许立即支付报酬,也允许延迟支付。如果双方订约人约定立即支付报酬或延迟支付,则应遵守该约定。先知ﷺ说:
It is permitted to pay the wage immediately, and it is permitted to delay it. If the two contractors stipulated paying the wage immediately or delaying it, the condition is observed. He (saw) said:
"穆斯林必须遵守他们所订立的条件"(由布哈里辑录)
“Muslims are bound by their conditions” (narrated by Al-Bukhari)
凡是两位订约人对支付报酬是立即支付还是延迟支付所作的约定,都应被视为有效并予以遵守。然而,如果两位订约人对支付报酬是立即支付还是延迟支付未作任何约定,则需要进一步考察。若报酬是定期支付,例如按月或按年,且规定在某个特定时间支付,则有义务在该期限结束时支付。若是按月,则在月末支付;若是按年,则在年末支付。然而,如果雇佣是针对缝制衣服、挖井、修理汽车或类似的工作,则应在工作完成时支付。 在工作中,可以就工作、工人、距离、时间和地点,以两种或三种形式重复约定报酬;应当按照实际出现的、有约束力的形式支付报酬。例如,他对裁缝说:“如果你一分钟内缝好,那么给你这么多”,或“缝得密实些,那么给你这么多”,则应按他为其完成的两种形式中的哪一种来支付报酬。
Everything the two contractors stipulated in paying the wage immediately or delaying it is considered and observed. However, if the two contractors do not stipulate anything regarding paying the wage immediately or delaying it, it is looked into. If the wage is periodic at a specific time like monthly or yearly, it is obliged to pay it at the end of that time. If it is monthly it is paid at the end of the month, and if it is yearly then at the end of the year. However if the hiring is upon work liked sewing clothes, digging a well, repairing a car or something similar, it must be paid at the end of the work. It is allowed to reiterate the wage in two forms or three in the work, the worker, distance, time and place; it is obliged to pay the wage according to the obliged forms that actually appear. For example if he says to the tailor, ‘If you sew in a minute, then for you is so much’ or “Sew thickly, then for you is so much’, he is paid for whichever of the two forms he performs for him.