Is it permissible to hire someone who does not know a Surah to teach that Surah?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the person hired states, 'I will secure the teaching of this Surah for you,' the contract is valid. This is because the benefit (teaching) is established as a debt upon the hirer and is not specific to the personal action of the teacher, thus making it permissible to hire someone who cannot perfectly execute it, similar to hiring someone to perform tailoring when the hirer does not possess the skill. The ruling is established based on securing a benefit in one's liability, not requiring personal, immediate execution of the skill itself.

Supporting text

If the person hired states, 'It is upon me to teach you,' the contract is deemed invalid according to Al-Qadi in Al-Jami', because the action becomes specific to his performance, which he is incapable of, resembling hiring someone unskilled in tailoring to sew. However, Al-Mujarrad suggests the validity of this arrangement because the obligation rests in his liability, analogous to contracting for a debt of money one does not presently possess.