Is it permissible to hire a person (*al-Adamiy*) for labor?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The hiring of a person for labor is permissible without scholarly dispute. Moses (peace be upon him) hired himself out to tend sheep, and the Prophet (PBUH) and Abu Bakr hired a guide to show them the way. The two types of hiring a person are: first, hiring for a specific duration for a specific deed, such as Moses' hiring for eight years, or the hiring of laborers mentioned in the Hadith. Second, hiring for a specific deed to be executed on the person's responsibility (*dhimmah*), such as hiring a guide or someone to sew a shirt. This second type divides into two: one where the contract is tied to the specific person (e.g., hiring the person's slave or child for a deed), and the other where it is tied to the deed in the responsibility, such as sewing a shirt. If it is for a deed in the responsibility and the hired person falls ill, they must provide someone to perform the work in their place because it is a right due from their responsibility, like a sale object (*al-Muslim fih*). The employer is not obligated to grant postponement because the contract implies immediacy, and delay causes harm to the employer.
Supporting text
If the contract is for the person's specific labor over a period, and they fall ill, another cannot substitute them because the contract was for their specific labor, not something due from their responsibility. If the hiring is for a deed in the responsibility but only the specific person can perform it, such as calligraphy, where differences in handwriting are crucial, they are not required to substitute, nor is the employer obligated to accept a substitute if offered, as the intended outcome will not be achieved by another.