Is the hired laborer permitted to keep and use the surplus of food provided by the employer beyond what is necessary for sustenance?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the employer provides the laborer with more food than is obligatory, intending for the laborer to eat what is necessary and keep the surplus, the laborer is permitted to keep the surplus unless doing so causes demonstrable harm to the employer. Harm is established if the surplus being kept would weaken the laborer's ability to work or reduce the milk supply of a wet nurse. In the first scenario where only sustenance was permitted, the laborer never acquired ownership of the surplus. In the scenario where harm occurs, the prohibition is based on preventing loss to the employer's benefit, analogous to a camel owner prohibiting the keeper from retaining surplus fodder.

Supporting text

If the employer provides exactly the obligatory amount, or provides more and grants full ownership of the excess to the laborer, keeping the surplus is permissible, provided no harm comes to the employer, as this right over property without detriment is analogous to monetary possessions.