Is the contract for a Muslim to rent out his services to a Dhimmi for personal service permissible?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The hiring of a Muslim by a Dhimmi specifically for personal service is impermissible. Ahmad explicitly stated this in one narration by Al-Athram. This prohibition is based on the reasoning that such a contract entails the restraint of the Muslim under the non-Muslim, his humiliation, and his subjugation, akin to a sale. The distinguishing factor is that service contracts necessitate the specific restraint and utilization of the Muslim for the duration, which differs from a general sale contract; thus, if sale is prohibited in this context, service rental is more strongly prohibited.
Supporting text
One opinion attributed to Al-Shafi'i permits this hiring, arguing that if hiring oneself to a Dhimmi for non-service work is permissible, it should also be permissible for service work, similar to hiring oneself out to a Muslim.