Is it permissible to hire someone for acts whose benefit is prohibited (Haram)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
It is not permissible to hire (Istia'jar) someone to perform actions whose benefit is prohibited, such as adultery (Zina), playing musical instruments (Zumar), lamentation (Niyah), and singing. This view is held by Malik, Al-Shafi'i, Abu Hanifa and his two companions, and Abu Thawr. The prohibition stems from it being a prohibited benefit, analogous to hiring out one's female slave for adultery.
Supporting text
Al-Sha'bi and Al-Nakha'i disliked it because it is intrinsically Haram, thus making hiring for it invalid, similar to the hiring for adultery.